[WSBAPT] Super Will Provision

[Heather deVrieze]

Mike,

Because 11.11.020 does not include life insurance or retirement accounts, I do not believe they would be subject to that paragraph in the Will that you recite. That said, it does seem as though a GAL should be appointed for the minor, unless their share is to go in trust or has some protective provisions in place. If the minor has a named Trustee charged with looking out for their share, I would have disclosed this to the Court at the outset and argued that a GAL was not necessary, but left it up to the Court to decide. If there was never a disclosure, it doesn’t seem inappropriate now to seek Court guidance on this.

But . . . who do you represent? If Personal Representative, lots of reason to protect them and get the Court involved. If one of the other beneficiaries, it is a more open question.

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 Michael Atkins
Sent: Thursday, February 11, 2016 6:12 PM
To: PROBATE -REAL PROP SECTION <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Super Will Provision


Decedent died in 2013.  Decedent survived by an adult son.  There are three residual beneficiaries : Partner, Adult son, and minor Granddaughter who share equally.
Partner received received $100,000 direct from life insurance,  Son received $150,000 from a 401K .  ( there are no IRAs).  the money has been spent.

Probate was started (PR non beneficiary) and income taxes prepared and paid but essentially nothing else was done.   No GAL was appointed for minor - shouldn't there have been and shouldn't the PR do so now?

Will:  Under Specific Gifts, it states: Non Probate Assets.  Pursuant to RCW 11.11.020, I wish that all non -probate assets be governed and distributed as per my wishes in this document (aka testamentary distribution), specifically including but not limited to and and all brokerage accounts, savings and checking accounts, stocks, mutual funds, memberships, or bonds. I understand that at the time of drafting my Individual Retirement Accounts are not subject to RCW 11.11.020 and have dealt with them outside of this document. Although not controlled by statute, I also wish for all non-probate assets created subsequent to this Last Will and Testament still be governed by this Article. Should I ever want a non probate asset governed outside this provision, it is my intent to create a codicil to that effect, specifically removing it from this Article - an absence of such a codicil upon probate is intended to show my continued wishes.

So in dividing the assets which include a home, my reading is that the $100,000 and $150,000 is pulled back into the assets and treated now as an advance of their 1/3rd net share, correct?

Thanks
Mike


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