[WSBAPT] GAL Required?

[Nicholas Pleasants]

Hi Tim,
That is pretty common in King County. Depends who signs the order, and note that in Kent, they are having judges assist with Ex Parte, so we are hearing that more filings are being rejected for these kinds of reasons. RCW 11.76.080 gives the judicial officer discretion to require it sua sponte. I’m not sure you can review that issue if the denial order already stated that you are required to appoint a PGAL for the minors.
I would suggest appointing a Limited PGAL. You can find a sample order on attorney Chad Horner’s website: https://www.kingcountyprobates.com/minor-beneficairies, scroll to Limited Probate Guardian ad Litem at the bottom of the page.
For King County the private pay rate is up to $275/hr, just give them a low limit of up to 10 hours, and check as few of those required boxes as fits the situation.
Best,
Nick

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Timothy Austin <taustin at nwtaxlaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Monday, April 5, 2021 at 11:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] GAL Required?


Listmates,



Recent probate filing was rejected with a note that a GAL needed to be appointed because there were minor beneficiaries.  Great grandmother was giving $1,000 to each of nine great grandchildren. Appointment of a GAL  seems to be a bit overkill. I am thinking a  revised petition and order requiring distribution to UTMA accounts may be a more efficient alternative. Any other recommendations?

Thanks,

Tim

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Timothy L. Austin
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