[WSBAPT] GAL needed?

John J. Sullivan sullaw at comcast.net
Mon Feb 26 18:32:38 PST 2018


Krista:

Are the kids virtually represented?

Or ... are these specific bequests that they will receive? I have often taken the position that someone whose beneficial interest cannot be affected need not be a party to the TEDRA. 

Maybe make the small specific bequests and then do the TEDRA? How will the minors receive their bequests?

John J. Sullivan

Sent from my iPhone

> On Feb 26, 2018, at 5:36 PM, Krista MacLaren <kjm.inc at mac.com> wrote:
> 
> 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
> 
> Please note, as with most email providers, Mac does not encrypt email messages. Accordingly, the confidentiality of messages sent to this address cannot be assured. This e-mail is intended for viewing only by the individual or entity to whom its content is addressed, and it may contain confidential or privileged information. If you received this email in error, please honor the privacy of the intended recipient: reply to the sender regarding the error and delete the message.
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180226/63089ab5/attachment.html>


More information about the WSBAPT mailing list