[WSBAPT] Minor Beneficiary of $10,000 Bequest

Wed Feb 25 09:59:10 PST 2015

I tend to err on the side of disclosure of the circumstances, of plan for distribution and ask the Court what further will be required. I don’t assume a PGAL will be required, but expect that it might and prepare to make their review as streamlined as possible, having my plan in place up front.

For example, I might state the circumstances and plan as follows: “The Will provides for a distribution of $10,000 to MB a minor aged 10 who is the grandchild of the deceased and the child of the Personal Representative. The Will provides no particular protective provisions for this beneficiary’s inheritance, but the Personal Representative would like to distribute funds to a blocked custodial account pursuant to UTMA, with Personal Representative as custodian, for ultimate distribution to the beneficiary upon attaining the age of 18. A receipt of funds into blocked account would be filed as proof of distribution to said minor.”

Then, leave it up to the Commissioner to determine whether the estate needs to pay a GAL for that minor.

When the custodian will have access to the funds because it is not a blocked account, when amounts are greater, when a percentage is involved, when distribution would be withheld until the minor was 21 or 25, or where there is anything else funky involved, the Court almost certainly going to want a PGAL involved.

For this reason, I include a provision for minor beneficiaries in virtually every will that I draft giving the Personal Representative authority to distribute in one of several ways, giving them a fiduciary relationship to the minor. I have yet to have a PGAL required for a minor in those cases, even where the amounts were somewhat significant.

Heather

Heather S. de Vrieze
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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
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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
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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

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