[WSBAPT] Minor Beneficiary of Will Questions...

Thu May 10 11:43:01 PDT 2018

I was concerned about the GAL likelihood. The estate doesn't have a ton of
money. Ultimately, all of the estate's resources are tied up in a rather
large seller-carried mortgage that decedent had from the sale of their
house a short while before their death, so the estate has about $500k in
value but that value is amortized over years. The estate is therefore going
to struggle to find money to pay a GAL and an attorney for the child,
despite the future value... Plus, there are unknown debts at this point in
time!

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

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On Thu, May 10, 2018 at 11:27 AM, Dalynne Singleton <dalynne at glgmail.com>
wrote:

> You can find forms online at king county superior court website to open
> the probate and appoint a GAL for the minor child at the same hearing.  If
> you email me off list, I will share the documents from the last one I did
> not more than a month ago…
>
>
>
> *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 <dalynne at glgmail.com>*
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <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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