[WSBAPT] GAL needed?

[Krista MacLaren]

Hi Listmates, 

I am representing some step siblings/successor Trustees in wrapping up their respective parents’ trust.  The trust provided for a mandatory credit shelter trust.  The couple did not have enough money to need to utilize a credit shelter trust, and the second spouse died soon after the first.  Now, the successor trustees are marshaling the assets and plan to make distributions that will wrap up the trust.  

I was thinking that because they are not technically following the trust instructions, in that the credit shelter trust was never funded, and distributions are being made out of different pots than what the testators envisioned, that I would draft a TEDRA just to recite what they are doing and why they are doing it, and have all beneficiaries sign that agreement.  However, a few thousand dollars is supposed to go to two or three kids who are 14-17 y.o.  Does that mean that a GAL would need to be brought in, because they cannot sign a TEDRA on their own behalf?  Could all of the other beneficiaries sign a TEDRA without the kids participating, and the trustees just hold the share of the kids until they are of age?  If a GAL was needed, how does that happen in the context of a trust (as opposed to a probate)?

Thanks you!
Krista

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

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