[WSBAPT] Minor Beneficiary of Will Questions...

[David Faber]

All,

I'm preparing to open a probate where the sole beneficiary of the estate is
a minor child. My presumption is that I would serve the Notice of
Appointment and Pendency of Probate on the child's mother (who is the sole
surviving parent of the grandchild) as virtual representative (even though
this action is not arising under 11.96a, that has been the general
direction others have given me). To complicate facts, however, is that the
grandchild's mother was specifically disinherited and, further, that the
Decedent authorized (but did not direct) the PR to create a "Minor's Trust"
for the benefit of the minor until the grandchild reaches her 28th birthday
and with the PR appointed as Trustee thereof.

My questions really concern me second guessing myself right now re: (1)
whether it is appropriate to serve notice to mom as the virtual
representative of the minor child considering mom's been disinherited (and
may therefore have a conflict of interest in that she may want to
potentially challenge the validity of the Will)? (2) If the potential
conflict suggests that mom should not be the virtual representative, would
it be appropriate for the PR to serve considering they are made trustee?
And (3) but given that they are simply authorized and not required to make
a minor's trust, the PR as Trustee issue is contingent and means that
feasibly the PR is not the appropriate party for notice....?

Any thoughts?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
This communication may contain privileged or other confidential
information. If you are not the intended recipient, or believe that
you have received this communication in error, please do not print,
copy, retransmit, disseminate, or otherwise use the information. Also,
please indicate to the sender that you have received this communication in
error, and destroy the copy you received.***
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180510/dcb399f6/attachment.html>