[WSBAPT] Minor Beneficiary of Will Questions...

[Rebecca King]

I believe that under RCW 11.76.080, you must appoint a probate GAL for the minor beneficiary.

Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct: (206) 866-6544
Fax: (206) 830-9326

Providing Services in Elder Law

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, May 10, 2018 10:58 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Minor Beneficiary of Will Questions...

I would give notice to the mother no matter what, even if ultimately you decide to give notice to someone else as well. No harm in that.

If not cost prohibitive, you also could have a probate GAL appointed under RCW 11.76.080<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.080>, to represent the grandchild as to all probate matters. The PGAL likely would have to then hire a lawyer, though, and that might need to be paid for by the Estate. So lots of fees draining the estate on this route.

For what it's worth, I think the potential conflict of interest only exists until the 4-month statute of limitations on Will challenges expires. After that, the Will is conclusive and the parent will no longer have any conflict.

Second issue, though--if the PR doesn't create a trust, then how is the estate going to distribute? Can't give to a minor, and I don't think the PR could give it to mother to hold under Uniform Transfer to Minors Act because it's too obviously against the decedent's intent. So I think that trust is likely to be necessary.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

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
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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