[WSBAPT] GoFundme and estates

Thu May 7 11:20:59 PDT 2020

I will also chime on a couple points.
1) If they are raising money for the GoFundMe that is fraudulent then
absolutely report it, immediately.
2) There are also potential tax implications by those who raise the money -
feel free to advise them that you have notified both the State Department
of Revenue of their business/fundraising activities as well as the IRS.
The impact of this will vary as to the sign of contributions as well as the
total amount received.

That is if you wish to play hardball.  Also keep in mind that if the money
DOES get turned over to the Estate, then it may surpass the threshold as
requiring a tax return for income made by the Estate.

Please do keep this thread going as I have made some popcorn and will enjoy
seeing how this plays out!

*Brent Williams-Ruth*
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, a division of **BWR Consulting, PLLC*

Office/Scheduling Phone: (425) 830-5134

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*As of July 1, 2019 - I began operating as the Law Offices of Brent
Williams-Ruth a division of BWR Consulting, PLLC. Please note the new
points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com
<http://www.Williams-RuthLaw.com> *

On Thu, May 7, 2020 at 11:15 AM Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> Jill—That is great information; thank you for sharing it. Any thoughts
> about whether the Estate could argue that it is either a third-party
> beneficiary to the contract between Campaign Organizer and GoFundMe, and/or
> that the Estate is entitled to a constructive trust over any funds received
> by the Campaign Organizer?
>
>
>
> I started to say that the cause of action itself might be considered an
> estate asset—but actually, it would have arisen after death, and in some
> sense is a cause of action accruing to the Estate itself rather than the
> decedent. The activity of a Campaign Organizer holding herself/himself out
> as representing the decedent's estate might be considered as usurping the
> rights of the PR.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jill H. Sasser
> *Sent:* Thursday, May 7, 2020 10:40 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] GoFundme and estates
>
>
>
>
>
> 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 *
>
> 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
> www.landerholm.com
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>
> *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
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> Facsimile:  (509) 575-1883
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