[WSBAPT] GAL Required?

[Jennifer L White]

Jeff,
I have had success in not having a GAL appointed in the circumstance you describe (assuming you are only filing probate to pursue the WD) reasoning that in any settlement reached in the WD case you are going to have an SGAL appointed to approve it for the minor. I do recite that in the petition and request the waiver of appointing a probate GAL and indicate the PR would come back and seek one if facts change. In a lot of cases, no portion of the settlement proceeds end up being allocated to the estate itself, but will instead pass 100% to the WD claims of the individual beneficiary(ies). The PR is the “nominal plaintiff” to pursue the case and the recovery passes around the estate directly to the beneficiary(ies). You do have to give notice of appointment and pendency of probate, which I give to the parent/guardian.

Jennifer L. White, Esq.
[cid:image002.jpg at 01D72A36.F2CB9DB0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Monday, April 5, 2021 3:48 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] GAL Required?

Now this is interesting.  Client’s divorced son died.  There is a potential WD case.  Son has a minor child who lives with the ex-W.  Client is the son’s mother and is aware any WD proceeds must go to minor child.  Is a GAL for the minor necessary just to start the probate so the WD action can be filed?

Jeff Davis

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 Judy Nakashima Shoji
Sent: Monday, April 5, 2021 1:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] GAL Required?

Same thing happened to me a few weeks ago.  I re-submitted with a declaration signed by all the parents of the minors declaring they agree to have the inheritance deposited into a UTMA account and was able to avoid a PGAL.


Best regards,

Judy Nakashima Shoji
Attorney at Law
2400 NW 80th Street, #511
Seattle, WA  98117
(206) 947-0649



On Monday, April 5, 2021, 11:59:06 AM PDT, Timothy Austin <taustin at nwtaxlaw.com<mailto:taustin at nwtaxlaw.com>> wrote:



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

Direct Dial: (425) 450-3307| Fax: (425) 450-3310

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