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

Tue Nov 22 15:16:35 PST 2016

Commissioner Velategui appointed a GAL for me in a probate this morning. He prints out the order, writes in the name of the minor and the GAL, signs it and hands it over.

The will in my case includes a trust for the minor granddaughter beneficiary. His concern was that my PR is a beneficiary, the PR, the Trustee and the child’s mother. He appointed the GAL on a very limited basis.

I tried to convince him not to do it – no luck. There are enough assets in this case to warrant some oversight of the distribution. All good. But there is no reason to prepare any documents in advance of the hearing.

Good luck!

Jeannie O'Brien, Attorney
www.SelanderOBrien.com
3829C South Edmunds Street
Seattle, WA 98118
(206) 723-8200 ofc
(206) 723-3829 fax
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brandyn Miller
Sent: Tuesday, November 22, 2016 2:24 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] GAL for minors in a probate - will with trust

This is really good to know also, Setareh, thank you!

I probably ought not spend the time to prepare the Petition and Order for GAL ahead of time then.  It sounds like the court makes a case-by-case analysis for this type of proceeding, and the distributions are so small in this case.  Also, Heather, in answer to your question from yesterday, there are two different fiduciaries (PR and trustee) choosing the custodians, so there is a little extra oversight there.  It doesn’t seem like the benefits of a GAL would outweigh the costs.  We shall see.

Thanks again so much to all who offered assistance, both on-line and off-line.

Warm regards,

Brandyn

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: Monday, November 21, 2016 6:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] GAL for minors in a probate - will with trust

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<mailto: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<tel:206-633-4114>
brandyndmiller at comcast.net<mailto:brandyndmiller at comcast.net>
221 NW 48th St.
Seattle, WA 98107

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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<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<mailto: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
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500<tel:%28206%29938-5500>
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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 Brandyn Miller
Sent: Monday, November 21, 2016 10:57 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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<tel:206-633-4114>
brandyndmiller at comcast.net<mailto: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> [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<tel:206-550-4005>
sarah at dionlaw.com<mailto:sarah at dionlaw.com>
dionlaw.com<http://dionlaw.com>

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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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Please always call 206-683-1006<tel: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
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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/

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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