[WSBAPT] Minor Beneficiary of $10,000 Bequest

[Marcus Fry]

Donna:
If you look at the statute, (2) is not applicable to a situation where you have a Will that appoints a PR without bond and with nonintervention powers because no hearing is required in such instance.  Thus, once you have a nonintervention estate, you likely won’t have any other hearings.

Under (1) of the statute, the court has the discretion to appoint a GAL.  Often I fear some of the west side courts are beginning to act like the bureaucratic nightmare that is the California probate courts and it sounds as if it is almost automatic to appoint a GAL regardless of the circumstances.

Again, I agree that the safe approach is for a GAL because the PR is your client and the PR is making the distribution, but the pure economics of the case as well as family relationships, etc. often dictate a less expensive approach.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

NOTICES:
 *Adoption Attorney reflects election as a Fellow of the American Academy of Adoption Attorneys, an invitation based organization of 300+ attorneys nationwide, under its criteria of experience, ethics and peer recommendation. Washington's Supreme Court has not yet developed or recognized a credentialing process for specialties, and certification/fellowship is not required to practice law in this state.
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Donna Calf Robe
Sent: Wednesday, February 25, 2015 9:27 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Minor Beneficiary of $10,000 Bequest

Its my understanding that if there is a minor beneficiary or heir, a probate GAL is needed, (unless the surviving parent is the sole beneficiary under the Will).  See RCW 11.76.080(2):

(2) For hearings held under RCW 11.54.010<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.54.010>, 11.68.041<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.68.041>[petition granting non-intervention powers], 11.68.100<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.68.100> [closing the estate by declaration of completion], and 11.76.050<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.76.050> [hearing on final report], or for entry of an order adjudicating testacy or intestacy and heirship when no personal representative is appointed to administer the estate of the decedent, shall appoint some disinterested person as guardian ad litem to represent the allegedly incapacitated person with reference to any petition, proceeding report, or adjudication of testacy or intestacy without the appointment of a personal representative to administer the estate of decedent in which the alleged incapacitated person may have an interest, who, on behalf of the alleged incapacitated person, may contest the same as any other person interested might contest it, and who shall be allowed by the court reasonable compensation for his or her services: PROVIDED, HOWEVER, That where a surviving spouse or surviving domestic partner is the sole beneficiary under the terms of a will, the court may grant a motion by the personal representative to waive the appointment of a guardian ad litem for a person who is the minor child of the surviving spouse or surviving domestic partner and the decedent and who is incapacitated solely for the reason of his or her being under eighteen years of age.

Donna

Donna M. Calf Robe
Attorney at Law
DUSSAULT LAW GROUP
2722 Eastlake Ave. E., Ste. 200
Seattle, Washington 98102-3143
Phone (206) 324-4300, extension 113
FAX (206) 324-3106

The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender, and are not to be attributed to Dussault Law Group. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marsha Hudson
Sent: Wednesday, February 25, 2015 9:05 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Minor Beneficiary of $10,000 Bequest

Perhaps I should clarify, in King County you will be required to have a PGAL.

Marsha C. Hudson
Attorney at Law #23330
773 N 75th St
Seattle, WA  98103
Telephone: (206) 297-3933
marsha at griffyn.us<mailto:marsha at griffyn.us>

Life's most persistent and urgent question is: What are you doing for others? - Martin Luther King, Jr.

This e-mail may contain information that is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are notified that any dissemination, use, or reliance upon its contents is strictly prohibited.  If you have received this e-mail in error, please contact me immediately and return the email by forwarding it to this office at marsha at griffyn.us<mailto:marsha at griffyn.us> and then deleting the e-mail.
P Please consider the environment before printing this e-mail



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Rebecca King
Sent: Wednesday, February 25, 2015 8:35 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Minor Beneficiary of $10,000 Bequest

Good morning,

I am in the process of preparing pleadings to open a probate in King County.  The Will contains a specific bequest of $10,000 to a 12 year old.  All of my research indicates that I will need a probate GAL for the 12 year old.  Is that correct?  There is no UTMA language in the Will.

Thanks in advance for your responses.

Rebecca King
Attorney

Northwest Elder Law Group
11300 Roosevelt Way NE, Suite 101
Seattle, WA 98125
(206) 937-6102
Fax (206) 830-9326

Providing Services in Elder Law

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150225/9cd5bc10/attachment.html>