[WSBAPT] GoFundme and estates

Fri May 8 13:11:55 PDT 2020

GoFundMe does have a guarantee for donors and beneficiaries.
There is a one year limit for the time period to file a claim.
https://www.gofundme.com/c/safety/gofundme-guarantee

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

Due to COVID-19, I am working remotely.  As a result, I cannot accept any physical messenger service at this time.  Please email all pleadings and agreed upon service documents to theresa at glgmail.com<mailto:theresa at glgmail.com>.
In-person meetings are not possible at this time.  Email is the best way to reach me until further notice.  If you would like a telephone conference, please email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com> to set such conference.

Thank you very much and stay safe!

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image002.png at 01D6253A.3E1FF160]  [Rated by Super Lawyers] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>      [cid:image004.gif at 01D6253A.3E1FF160]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, May 7, 2020 11:01 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] GoFundme and estates

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<mailto:eric at sayrelawoffices.com>

Covid-19 Update - Sayre Law Offices remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority. Please do not hesitate to contact us if we may be of service to you, your family, or your business.

All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

Be assured that we will continue to advise and support our clients throughout this health emergency.

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
[cid:image005.jpg at 01D6253A.3E1FF160]
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<http://www.landerholm.com>

Landerholm, P.S. is committed to following the recommendations and requirements regarding COVID-19 as outlined by various government agencies.
We are working and available to assist you by phone, video conferencing and through email. For the time being we’ve modified our daily operations but closed our office to the public.
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
Facsimile:  (509) 575-1883

NOTICES:
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

--------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s). It contains confidential,
proprietary or legally protected information which is the property of Landerholm, P.S. or its clients. Any unauthorized
disclosure or use of the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, notify the sender
immediately and destroy all copies of the original message.
--------------------
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200508/57f2f482/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5410 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200508/57f2f482/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1524 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200508/57f2f482/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.gif
Type: image/gif
Size: 4868 bytes
Desc: image004.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200508/57f2f482/image004.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 5845 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200508/57f2f482/image005.jpg>