[WSBAPT] Uniform transfers to minor act

[Lewis, Amy C.]

And 11.114.010(11) defines "minor" as under 25.


Amy C. Lewis, Attorney

[cid:logoad99e1]

ESTATE PLANNING & PROBATE

1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, July 19, 2016 2:58 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Uniform transfers to minor act


RCW 11.114.060
Other transfer by fiduciary.
(1) A personal representative or trustee may make an irrevocable transfer to an adult or trust company for the benefit of a minor pursuant to RCW 11.114.090<http://app.leg.wa.gov/RCW/default.aspx?cite=11.114.090>, in the absence of a will or under a will or trust that does not contain an authorization to do so, but only if:
(a) The personal representative or trustee, or the court if an order is requested under (c) of this subsection, considers the transfer to be in the best interest of the minor;
(b) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust instrument, or other governing instrument; and
(c) The transfer is authorized by the court if it exceeds thirty thousand dollars in value.
The personal representative, the trustee, or a member of the minor's family may select the custodian, subject to court approval. The personal representative or trustee may serve as custodian, provided he or she falls within the class of persons eligible to serve as custodian under RCW 11.114.090<http://app.leg.wa.gov/RCW/default.aspx?cite=11.114.090>(1).
(2) A member of the minor's family may request that the court establish a custodianship if a custodianship has not already been established, regardless of the value of the transfer.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

This message is from an attorney, so it's confidential. If you are not the intended recipient, it's too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Tuesday, July 19, 2016 2:36 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Uniform transfers to minor act

Listmates,

Does the PR have the authority to transfer a specific cash bequest to a custodian (the parent) for an 18 year old heir if there is no uniform transfer to minors act clause in the will that appoints a custodian?

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
216 First AVE S, #450
Seattle, WA  98104
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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