[WSBAPT] Minor Beneficiary of Will Questions...

[Heather deVrieze]

David,

You will almost certainly need to get a GAL appointed for the minor. The GAL can receive notice. The mother, as the natural guardian of the child may also need notice, but is not sufficient notice for the child.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Thursday, May 10, 2018 10:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Minor Beneficiary of Will Questions...

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

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