[WSBAPT] GoFundme and estates

Thu May 7 11:45:04 PDT 2020

I actually had this happen recently in a deceased father’s estate when the brother opened a GoFundMe account and specifically stated it was for the surviving minor child’s future.

It raised over $10,000.  Here was my argument that the monies should be placed into the settlement fund annuity (wrongful death monies) for the minor.  The brother of the decedent said no and that he will make sure the minor (his niece) gets the money when he sees fit.  The mother of the minor is not convinced this will happen.  The Commissioner at hearing in the estate on the matter indicated she was sympathetic to my arguments but the Estate was not entitled to those monies (Pierce County) received after death.  By the way, the brother is an attorney…  There was also a “charity event” held at a bar which raised another $2k for the minor’s college expenses…

My research led me to believe there was an express trust created.  If the mother of the minor wants to file litigation against the decedent’s brother for an accounting, I think she has a good chance of winning that argument:

GoFundMe and Charity Monies.  Monies clearly gained for JW’s (minor) future and college expenses is being held by JW Brother.  An express trust has been created by JW Brother on behalf of beneficiary JW, minor.  “Express trust” arises because of expressed intent and involves fiduciary relationship in which trustee holds property for benefit of third party.  See Goodman v. Goodman, 128 Wash.2d 366, 907 P.2d 290 (1995).  It is reasonable to request that the monies obtained for JW Minor be included in the structured settlement.  JW Brother indicates he will hold these funds and use them as appropriate.  This is hardly a guarantee that the intent of the monies by those who donated will be fulfilled.  Mr. JW Brother has provided no proof that he has kept these monies separate from his own.

I did look into filing a complaint on GoFundMe but it is a very short time period that this was allowed…  Check out the site to see requirements.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Thursday, May 07, 2020 11:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] GoFundme and estates

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

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On Thu, May 7, 2020 at 11:15 AM Eric Nelsen <Eric at sayrelawoffices.com<mailto: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
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbapt at lists.wsbarppt.com>) <wsbapt at lists.wsbarppt.com<mailto: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
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