[WSBAPT] Uniform transfers to minor act
Lovie Bernardi
lovie at fb-lawfirm.com
Tue Jul 19 15:09:09 PDT 2016
Thanks!
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
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From: 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
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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