[WSBAPT] GAL for minors in a probate - will with trust

Mon Nov 21 12:53:04 PST 2016

If the trustee is different that the Personal Representative, and the specific bequest to a custodian is of a dollar amount, I would disclose to the Court minor’s interest, the nature of the trustee’s relationship to the minors and to the Personal Representative and argue that no GAL required because other fiduciaries will be able to police their interest. I would be prepared for the commissioner to require a GAL, but hope that the circumstances of the trust and directive to distribute to the custodian account would be sufficient to protect them. I include similar planning in my estate plan documents and have found this to be a good way to protect the minors interest without undue burden on the estate/PR/minor’s family.

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 Brandyn Miller
Sent: Monday, November 21, 2016 10:57 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] GAL for minors in a probate - will with trust

Good morning, Learned Colleagues:

Following up on the exchange below, I am preparing to open a probate (King County) in which there are two minor beneficiaries.  They will be receiving a small  distribution under the will ($2500 each), and they are also named as remainder beneficiaries under a testamentary trust within the will.  The language in the will says that any distributions to minors are to be made into a UTMA acct, the custodian of which shall be designated by the fiduciary making the transfer.

Is this UTMA/custodian language enough to avoid having to get a GAL appointment for the minors?

If not, do I need two GALs, one for each minor, or can they share a GAL?

Finally, if I do need a GAL, would anybody out there be willing to offer guidance with regard to the process and the required paperwork?

I am always so grateful for this listserve resource, and I thank you all for your wisdom as well as your ongoing generosity in sharing that wisdom!

Warm regards,

Brandyn

Brandyn D. Miller
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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 Sarah Jael Dion
Sent: Friday, November 18, 2016 3:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Any way to avoid probate if there is a testamentary trust provision in the will?

Hi Setareh-

I don’t think probate can be avoided where there is a trust for minor children. You will need to have a Guardian ad Litem appointed to make sure that the money makes it into the trust, etc.

Sarah Jael Dion

Dion Law PLLC
206-550-4005
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On Nov 18, 2016, at 2:50 PM, Setareh Mahmoodi <mahmoodi.setareh at gmail.com<mailto:mahmoodi.setareh at gmail.com>> wrote:

Hello,

I think the answer to this is no and I am doing further research this weekend, but just wanted to know if someone else has dealt with this issue previously:

Is there a way to avoid probate if the will has a testamentary trust provision that directs the life insurance policy proceeds to be placed in trust for the benefit of minor children?

The remainder of everything in the estate goes to the spouse. I believe there is a residence, another life insurance policy that goes directly to spouse and some tangible items all going to surviving spouse.

Thanks,

Setareh

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