[WSBAPT] Guardianship for California Minor to Collect Inherited IRAs

[JOHN J SULLIVAN]

Elizabeth:


I'm quite certain the WA court cannot exercise guardianship jurisdiction over a CA minor you would need a CA conservatorship. 

But … the estate is being probated here. The owner of the IRA died resident of WA, right? What if you submit a judicial TEDRA  Agreement to the court here redirecting the distribution of the IRA? What if the TEDRA Agreement redirected it into a conduit trust (or some other workable alternative)? I'm guessing you would have to have the court here appoint a special representative or at least a GAL for the minor child. I do not believe the parents could virtually represent him in this case. But I don't see why you can't use TEDRA to solve your problem. I'm pretty sure this would fall within the definition contained in RCW 11.96A.030(2)(g):

"(g) With respect to any nonprobate asset, or with respect to any other asset or property interest passing at death, including joint tenancy property, property subject to a community property agreement, or assets subject to a pay on death or transfer on death designation:

(iv) The determination of any question arising in the administration under chapter 11.18 or 11.42 RCW of a nonprobate asset;
(v) The determination of any questions relating to the abatement, rights of creditors, or other matter relating to the administration, settlement, or final disposition of a nonprobate asset under this title;
(vi) The resolution of any matter referencing this chapter, including a determination of any questions relating to the ownership or distribution of an individual retirement account on the death of the spouse of the account holder as contemplated by RCW 6.15.020(6);
(vii) The resolution of any other matter that could affect the nonprobate asset."


http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.030

If that doesn't work, I can recommend a good attorney nearby in Walnut Creek, CA. Virginia George handled a conservatorship for a disabled beneficiary of a probate estate I handled up here and did a fine job. Contra Costa is the next county over from Alameda.

http://www.gsmattorneys.com/people/virginia-m-george/


Good luck!


Best regards,
JOHN J. SULLIVAN,
ATTORNEY

LYONS | SULLIVAN
10655 NE 4TH STREET, SUITE 704
BELLEVUE, WA 98004
425·451·2400 TEL 425-451-7385 FAX
WWW.DLJSLAW.COM


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> On November 27, 2018 at 1:08 PM Elizabeth Bateman <elizabeth at batemanlawgroup.com> wrote:
> 
>     Sorry if this is duplicative--tried to send this out yesterday, but I don't think it went through.  Either that, or had no takers, lol.  
> 
>     I am the PR of a King County intestate estate where the intestate heir is a minor and a resident of California.  A guardian will be necessary to claim two small IRA accounts (less than $40k), of which the minor is the named beneficiary.  I am of the opinion that the King County Superior Court does not have jurisdiction over the California child sufficient to appoint a guardian for him here.  Can someone prove me wrong?  Does the child's parent have any authority to consent to the King County court's jurisdiction over her teenage child?  If so, what is that authority?  
> 
>     And practically, is it even feasible for the Court to appoint a person or entity in WA as guardian for an individual in another state?    
> 
>     In the alternative, can someone recommend a guardianship attorney in or near Alameda County, CA?
> 
>     Thanks in advance for your input.  
> 
>     Elizabeth
> 
>     --
> 
>     Elizabeth G. Bateman
> 
>     Associate Attorney
> 
>     Admitted in Washington and Minnesota
> 
>     Bateman Law Group, PLLC
> 
>     999 Third Avenue, Suite 2525
> 
>     Seattle, WA  98104-4089
> 
>     Tel: (206) 224-0900
> 
>     Fax: (206) 467-8028
> 
>      
> 
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