[WSBAPT] Minor probate questions

[Suzanne Lieberman]

Hello,

I have a client whose ex-husband passed away in Seattle last year without a
will. They had one child together who is now 12. Decedent had no other
family apart from aunts and uncles in Greece. Client wants to open probate
for her son and potentially be the administrator, but wants to know if she
can use any of the assets ($370k in a bank account) to pay for the
mortgage, utilities for the house where she and her son live.

It looks like we need to get approval from the GAL to figure out what we
can do with the assets. Can we also put some of the funds into a UTMA with
our client as custodian for e.g. future education held in trust until he
reaches 18, and what are the limits on how can those funds be used? Would
setting up a UTMA require GAL approval and is that something that is
decided as part of the probate GAL hearing or can that be decided later?
Does the decision re earmarking of all the funds need to be decided at the
hearing? If so, can there be modifications later (with GAL approval)?

Can the probate GAL and administrator appointment issues both be considered
at same time/hearing? If not, I'm assuming the administrator hearing would
happen first?
Can our client get access to the funds after the GAL probate hearing, i.e.
around 17 days from when process started?

Since there is only one type of asset, would this qualify for an order for
a probate GAL with limited power to investigate certain narrow issues, or
would we need a full one? Would there be any disadvantages to a limited
probate GAL?

If we do the GAL appointment and administrator appointment at the same time
or around the same time, how long does the GAL process add to the usual
probate timeline of 6 months?

Thank you! Sorry for bombarding you with so many questions on my first day
of this listserv! Your help on any of them would be greatly appreciated. I
am still relatively new to estate planning/probate.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC <http://cmslawfirm.com/>
*811 Kirkland Ave. Suite 201 *(please note new address!)
Kirkland, WA 98033
206.659.1512


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