[WSBAPT] Will gives property to minor children

[Marcus Fry]

Can't you go the UTMA route and select a custodian? Custodians can hold real property cannot they? And I believe if there is no restriction on age in the will, the PR can have the custodian hold property until 25.

Marcus Fry
Lyon Weigand & Gustafson
Yakima, Wa.


Sent from my Samsung device


-------- Original message --------
From: Rob Wilson-Hoss <rob at hctc.com>
Date: 5/3/18 3:57 PM (GMT-08:00)
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will gives property to minor children

Significant issues, after Anderson v. Dussault, are, how do you protect the minors during the trust period, and can you tie it up after they turn 18?  You are going to need representation of the minors in the inception, and that means, them, not what people think is in their best interests; and you are going to probably need representation during the trust period for them especially if there is any activity within the trusts.

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com<mailto:rob at hctc.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: Thursday, May 03, 2018 3:12 PM
To: WSBA Probate & Trust Listserv
Cc: elder-law-section at list.wsba.org
Subject: Re: [WSBAPT] Will gives property to minor children

Dalynne:

Can you modify the Will with a TEDRA to establish a testamentary trust? Will everyone sign on to that? (GAL for minors)

Otherwise some adult has to go to court and petition for appointment as their guardian.

John J. Sullivan
Sent from my iPhone

On May 3, 2018, at 12:05 PM, Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>> wrote:
I have a Will of a decedent which gives ocean shores land/property to 2 minor children with no testamentary trust.

Can someone provide me with the proper language or what to do.  I talked to escrow and she says it needs to be in name of father/guardian with language for when the minor turns 18, it will vest in her/his name.  What happens if the father dies before they turn 18?  I don’t like that scenario.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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