[WSBAPT] GoFundme and estates

[Jill H. Sasser]

I see that Dalynne posted something on this, also.

I think the beneficiary or the representative of the beneficiary can file suit against the Organizer directly for the funds in certain circumstances (e.g. misuse of funds).  I think the interest belongs to the beneficiary only.

However, if the beneficiary is deceased, and the fundraising was directly for the estate and/or for the expenses of death/burial (as in Marcus’s case below), etc. then I think the Estate would have an interest if the Organizer is misusing the funds.

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 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>

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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
[cid:image001.jpg at 01D62519.07066CC0]
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

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