[WSBAPT] GoFundme and estates

Thu May 7 10:40:08 PDT 2020

Hi Marcus:

I have dealt with this before.  I believe these funds are controlled by the person who set up the GoFundMe (the "Campaign Organizer"), and they are supposed to be used for the benefit of the person listed on the GoFundMe (the "Beneficiary").  I don't think these are estate assets.  Here are the GoFundMe terms:  https://www.gofundme.com/terms

Note, there is a fraud policy, and I believe there is some type of insurance that covers fraudulent campaigns.

I think it's possible you could try to file suit against the Campaign Organizer if the funds are being misused (on behalf of the Beneficiary) and get an Order requiring the Campaign Organizer to turn over the funds or to use them for the benefit of the Beneficiary, but I still don't think they are an estate asset.

I would be interested to hear what actually happens in your case, if you are able to share.

Jill

Jill H. Sasser | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 T: 503-283-3393 F: 360-816-2535
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus Fry
Sent: Thursday, May 7, 2020 9:53 AM
To: WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com) <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] GoFundme and estates

Anyone dealt with a situation where friends or relatives have set up GoFundme pages to cover the expenses of the decedent's funeral, etc., but is not actually connected to the estate?  I have situation where personal representative has been appointed and discovered two different GoFundme pages that have raised significant funds for the decedent's expenses, but these individuals aren't interested in cooperating with the personal representative.  Who owns these funds?

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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