[WSBAPT] Minor probate questions

[Mark Vohr]

Susan – If you look below, I have attempted to provide feedback in BLUE.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Wednesday, June 3, 2020 10:14 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Minor probate questions

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.   Generally no.  Parent has common law duty to support child and can’t use the child’s money to pay parental obligations.    However, there are a couple of other matters to consider.  First, what does the child support order say?  Many will have a provision to address estate planning should a parent die while the child is still a minor.  Second, surviving parent should be applying ASAP for SSA survivor benefits for the child.

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)?  The PGAL will recommend to the court what the GAL thinks is in the best interest of the minor for the management of the child’s inheritance.  In terms of whether the parent can be in charge of the funds in any way, it is unlikely.  Refer to Special Proceedings Rule 98.16W and the local version of the same SPR.
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?  Both at same time is best and most efficient.  You should absolutely advise the court at the administrator appointment hearing that you have a minor beneficiary and the court will appoint a PGAL at the same time the court appoints the administrator.  Best to have a proposed order ready.  The court will likely choose the PGAL from the regular GAL rotation.
Can our client get access to the funds after the GAL probate hearing, i.e. around 17 days from when process started?  Not sure I understand this question.  However, your is entitled to administer the estate in accordance with state law.  However, your client is not a beneficiary – an important distinction to make.  Best to simply coordinate with and loop in the GAL and establish/plan agree to how the matter will proceed.

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?   Not sure I understand this question.  The child is the sole beneficiary, as far as I can tell from the facts. The court will appoint a PGAL.  The duties are well established, which will be to protect the minor’s interest int the estate.  Not sure what limitations would be appropriate here.

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?  See above.  How long it takes will depend on a variety of factors, including normal time-lines is takes to administer an estate, the efficiency of the administrator, plus the time it takes to coordinate with the GAL.

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__cmslawfirm.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=pG_LEd1QIOR6coXBLxF-IYSsmc2ZfymCHEe4YPKQWkc&s=jSlSxqN5m-I-0L9TaAusfID0O6dhuVXVmMY4i2G_Fjc&e=>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206.659.1512


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