[WSBAPT] Insurance Co hold funds - minor heir but funeral expenses due

[Marsha Hudson]

In my experience you will need to have a guardian appointed – no one with a
criminal history – to marshal those funds.  I have had a couple of cases
where the attorney was appointed.  It’s a limited appointment.  You will
then probably need to seek establishment of a trust or other method for
preserving the remainder of the assets for the minor, depending on the
amount and the circumstances.



Marsha



*Marsha C. Hudson*
Attorney at Law #23330

3221 NW 62nd Street, Seattle, WA  98107

Telephone: 206-297-3933

Fax: 206-357-9356
marsha at griffyn.us

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*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *G. (Gus) Benjamin Lindsey
III
*Sent:* Tuesday, October 02, 2018 12:47 PM
*To:* wsbapt at lists.wsbarppt.com
*Subject:* [WSBAPT] Insurance Co hold funds - minor heir but funeral
expenses due



Good afternoon,



I have a probate case in which the decedent appears to have failed to
identify payable on death beneficiaries on almost every account, including
a life insurance policy. The decedent was survived by a minor child.



The life insurance company has indicated that per its policy the funds will
not be released to the estate and its options are: 1) hold funds until the
child reaches the age of majority or 2) release the funds to a
custodian/guardian. (The decedent was not married to the father and my
understanding is that releasing the funds to the father is unwise. (based
on his criminal history.)



Probate is currently pending; and one main issue is payment of the funeral
expenses, which my client advanced.



Has anyone dealt with this type of issue? The insurance company is
requesting information regarding why the funds should not be released and
why they should be applied to the funeral expenses.



Any insight would be appreciated, trying to get a head start since I have a
short timeframe for responding to the insurance company.





Sincerely,



G. (Gus) Benjamin Lindsey III

Attorney-at-Law



The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258



Phone:   (425) 263-9585



website: www.gbl3law.com



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Planning      Probate

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