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

Mon Nov 21 18:29:53 PST 2016

Brandyn,

Agree with Heather.

If the commissioner requires a GAL any ways, they will hand you a packet to
complete in case you don't have the necessary paperwork with you and a list
of GALs to choose from. If it's two related minors, usually one GAL is
enough in my experience.

Thanks,

Setareh

On Mon, Nov 21, 2016 at 5:31 PM, Brandyn Miller <brandyndmiller at comcast.net>
wrote:

> Thank you so much, Heather!   This is very helpful.
>
>
>
> Warm regards,
>
>
>
> Brandyn
>
>
>
>
>
> Brandyn D. Miller
>
> Counselor at Law
>
> 206-633-4114
>
> brandyndmiller at comcast.net
>
> 221 NW 48th St.
>
> Seattle, WA 98107
>
>
>
> This communication may contain privileged or other confidential
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Heather deVrieze
> *Sent:* Monday, November 21, 2016 12:53 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] GAL for minors in a probate - will with trust
>
>
>
> 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
> *Attorney-at-Law*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
>
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <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
>
> Counselor at Law
>
> 206-633-4114
>
> brandyndmiller at comcast.net
>
> 221 NW 48th St.
>
> Seattle, WA 98107
>
>
>
> This communication may contain privileged or other confidential
> information.  If you are not the intended recipient or believe that you may
> have received this communication n error, please relpy to the sender
> indicating that fact and delete the copy you received.  In addition, you
> should not print, copy, retransmit, disseminate, or otherwise use the
> information contained herein.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <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>
> *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
> sarah at dionlaw.com
> dionlaw.com
>
> This message is private or privileged. If you are not the person for whom
> this message is intended, please notify me immediately and delete the
> message. Please do not copy or send this message to anyone else.
>
>
>
> On Nov 18, 2016, at 2:50 PM, Setareh Mahmoodi <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
>
> --
>
> Please always call 206-683-1006 or email before dropping by the office as
> I could be in court or meetings. Thanks!
>
> *Best regards, *
>
>
>
> *Setareh Mahmoodi *
>
> *Attorney at Law *
>
> *18222 104th Ave NE, Suite 103*
>
> *Bothell, WA 98011*
>
> *Phone: 425-806-1500 <425-806-1500>*
>
> *Cell: 206-683-1006 <206-683-1006>*
>
> *Fax: 425-489-4142 <425-489-4142> (Please email documents if at all
> possible) *
>
> *Website: **http://www.lawofficesofsm.com/*
> <http://www.lawofficesofsm.com/>
>
>
>
> *CONFIDENTIALITY NOTICE:* This email message and any attachments is a
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-- 

Please always call 206-683-1006 or email before dropping by the office as I
could be in court or meetings. Thanks!

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

*Cell: 206-683-1006*

*Fax: 425-489-4142 (Please email documents if at all possible) *

*Website: **http://www.lawofficesofsm.com/ <http://www.lawofficesofsm.com/>*

*CONFIDENTIALITY NOTICE:* This email message and any attachments is a
transmission from the law firm and is intended for the recipient only.  It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges.  If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party
any tax-related matters addressed herein.
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