[WSBAPT] PR duty as to Will beneficiary on State assistance

[Dewey Weddle]

Michael,

I do not think the PR has such a duty.  Is the beneficiary under the age of majority or suffer from a mentally incapacitating disability?  If so, perhaps a GAL should be appointed for the beneficiary.  I have served as a GAL for incapacitated beneficiaries, and in that role I have petitioned the Court for the establishment of Special Needs Trusts for those beneficiaries.

As to whether the money vested in the beneficiary upon the father's death, I would think not, because at the end of the day all of the assets of the estate could be consumed in paying off creditors or making distributions to other beneficiaries who had superior right to estate assets.  If the money automatically vested, it seems to me that the beneficiary would have superior right to creditors and all other beneficiaries, and could sue the PR for not giving him or her the vested money.  That said, I would research it if it became an issue.


Best regards,


Dewey ​​


Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221


Telephone: 360-293-3600

Fax 360-293-3700



________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of michael at westseattleattorney.com <michael at westseattleattorney.com>
Sent: Monday, September 9, 2019 12:45 PM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] PR duty as to Will beneficiary on State assistance

Does PR have a duty to not give inheritance to decedent's child who is on state aid (CA) and or have the funds to go to a special needs trust?  Further,  once the father has died did the money vest in the child and therefore its too late to put into a special needs trust?
Thanks
Mike

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