[WSBAPT] Social Security for Minor Children?

David Faber david at faberfeinson.com
Thu Apr 11 13:51:56 PDT 2019


I have a potentially complicated client situation just drop into my lap
involving a foreign national parent, two minor children receiving social
security payments, and my client, who is the minor children's relatively
old parent (he's nearly 70), and I'd just like to run my thoughts by the
listserv.

My client spends about 4 months out of every year in Cambodia, where he's
fathered two children with a Cambodian national during the last few years.
He is intending to marry the mother of his children and move them to
Washington State in the nearish future, but that process is still slowly
wending forward due to the difficulty in attaining a visa for the
spouse-to-be. Meanwhile, he wants to finish getting his proverbial house in
order to protect and provide for his future spouse and existing children
should anything happen to him.

Most of the structure we have already banged out, but today he brought up a
complexity that I had not considered before: his two children, who are US
citizens already, are receiving social security payments of roughly
$350/month. Those payments are going to my client's bank account currently.
If my client died before moving the family to the US from Cambodia, what
structure could we employ to ensure that his intended fiduciaries could
receive and distribute those social security payments on behalf of the
minor children? Would it be as simple as designating the fiduciaries as
guardian of the estate of the children under RCW 11.88.080? Is there
another mechanism to employ regarding social security payments to minor
children about which I should be aware?

Thank you.

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

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