[WSBAPT] Minor will beneficiary

[Mark Vohr]

Michael:

            Two thoughts.  First, starting with the statute, you want to consider:


RCW 11.76.080<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.080>
Representation of incapacitated person by guardian ad litem or limited guardian—Exception. (Effective until January 1, 2022.)
If there be any alleged incapacitated person as defined in *RCW 11.88.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.88.010> interested in the estate who has no legally appointed guardian or limited guardian, the court:
(1) At any stage of the proceeding in its discretion and for such purpose or purposes as it shall indicate, may appoint; and
(2) For hearings held under RCW 11.54.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.010>, 11.68.041<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.041>, 11.68.100<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.100>, and 11.76.050<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.050> or for entry of an order adjudicating testacy or intestacy and heirship when no personal representative is appointed to administer the estate of the decedent, shall appoint some disinterested person as guardian ad litem to represent the allegedly incapacitated person with reference to any petition, proceeding report, or adjudication of testacy or intestacy without the appointment of a personal representative to administer the estate of decedent in which the alleged incapacitated person may have an interest, who, on behalf of the alleged incapacitated person, may contest the same as any other person interested might contest it, and who shall be allowed by the court reasonable compensation for his or her services: PROVIDED, HOWEVER, That where a surviving spouse or surviving domestic partner is the sole beneficiary under the terms of a will, the court may grant a motion by the personal representative to waive the appointment of a guardian ad litem for a person who is the minor child of the surviving spouse or surviving domestic partner and the decedent and who is incapacitated solely for the reason of his or her being under eighteen years of age.


Given RCW 11.88.010 includes a minor in its definition, the statute would support the appointment of a GAL.  A reflection of a similar philosophy is also found in SPR 98.16W.  Regardless of what you decide to do – I would suggest that you advise the court there is a minor beneficiary and let the court decide what should be done.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Friday, November 13, 2020 11:46 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Minor will beneficiary

Hi:
Will gives 50% to a minor and 50% to minor's mother. When opening Probate, do I ask that the minor's mother be appointed as a GAL?
Thanks
Mike

[cid:image001.png at 01D6B9B6.0C4C9420]
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201113/59e757ac/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 51981 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201113/59e757ac/image001.png>