[WSBAPT] notice to minor of probate

Fri Dec 15 08:58:20 PST 2017

I do not believe that the grandchildren are entitled to notice of the petition solely by reason of being beneficiary of a nonprobate asset, however, they might be if they are also intestate heirs (because their parent has died). Frankly, claiming the nonprobate asset is where the problem will likely arise, not in the probate context at all. I’m not sure the GAL is an expense the estate needs to bear. I might disclose in the petition that there are minor grandchildren as named beneficiaries on the IRA, and would give them notice, via their parent or legal guardian, that a Personal Representative has been appointed, as required by 11.28.237, but I don’t think they are entitled to advance notice of the petition,.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tara M. Roberts
Sent: Thursday, December 14, 2017 5:34 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] notice to minor of probate

I’m not sure that I understand why in your situation a nonprobate beneficiary needs notice of the petition to open probate.  If the PR is named in the Will and the Estate is solvent, then no notice should be required for any of the petitions to admit the will to probate, to appoint the PR, or to grant Nonintervention Powers.  Maybe those named in the Will are unwilling/unable to serve and you have a probate with will annexed?  Even then, a nonprobate beneficiary usually isn’t a party that is required to receive notice, unless they are also an intestate heir or named in the Will.

However, if you are required to give the minor notice of the Petition for Nonintervention Powers, then you have to have the Probate GAL.

RCW 11.76.080 requires a Probate GAL for minors for a few specific types of petitions, including the Petition for Nonintervention Powers.  If the minor is also the child of the surviving spouse/sole heir, then the PR may move to waive the appointment of a Probate GAL.  Otherwise, the statute says “shall appoint some disinterested person as guardian ad litem…”

http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.080

This situation referenced a minor grandchild of another relationship, so I think a Probate GAL will be necessary, at least for the limited purpose of the Petition on NPs.  You could certainly craft your order of appointment carefully to limit the scope and time accorded the Probate GAL and identify their duties to ensure prompt discharge.

The court might allow a parent to act as virtual representative for the remainder of the proceeding, but the commissioners here in King County aren’t very trusting of parents looking out for their kid’s inheritances and are getting more strict about having Probate GALs in place for minors and incapacitated beneficiaries.

Tara M. Roberts
Puget Sound Law pllc
152 3rd Ave S Ste 107
Edmonds, WA 98020
Phone 206-285-3361
roberts at pugetsoundlaw.com<mailto:roberts at pugetsoundlaw.com>

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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 Patrick Galloway
Sent: Thursday, December 14, 2017 3:49 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] notice to minor of probate

A minor’s parent can receive notice and approve matters on behalf of the minor. A GAL is only necessary if the parent has a conflict of interest.

http://app.leg.wa.gov/rcw/default.aspx?cite=11.96a.120

Patrick J. Galloway
Advance Legal Services, PLLC
2630 N Columbia Center Blvd
Richland, WA 99352
(509) 851-7884
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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 Cyrus Field
Sent: Thursday, December 14, 2017 3:27 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] notice to minor of probate

Folks- I will likely be filing a petition to probate a Will on behalf of surviving spouse. Spouse and trustee of deceased H’s trust are the sole beneficiaries of probate assets. The rub is that H’s minor grandchildren, thru a previous relationship, may be beneficiaries of an IRA. As such, I need to list them in the Petition and give them legal notice. My questions are:
1)      As minors can I list them by name (The Wa Probate Deskbook says that you shouldn’t per GR 31 but I don’t see that prohibition in the current rule)?
2)      Do I have to have to appoint a GAL on the minors’ behalf to deal with this non-probate asset?
Surprisingly, this issue hasn’t come up before for me and any guidance would be greatly appreciated. Thanks, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)
phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA
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