[WSBAPT] Custodial Account - death of custodian (no alternate) - Fidelity

Roger Hawkes Roger at law-hawks.com
Thu Apr 15 13:52:29 PDT 2021


Ask away; the court will notify you of any bond requirements and deal with that then.  I encourage you to get written agreements from other family members and be careful not to be giving them legal advice.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah Smith
Sent: Thursday, April 15, 2021 1:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Custodial Account - death of custodian (no alternate) - Fidelity

Here are the facts:

  *   Decedent died, intestate, unmarried
  *   4 minor children
  *   He was the sole custodian of their UTMA accounts established by his parents - totaling about $2M with Fidelity (no broker)-these are invested very risky and losing money quickly
  *   There are very few liquid assets in the decedent's estate - just minority interests in family businesses

I am going to have the brother petition for appointment as administrator (all family is in agreement) and appoint GAL.  However, I really want to ask that the brother be named temporary custodian of the UTMA accounts and to allow him to sell off the risky positions; but I am worried about the issue of bond.

Thoughts?

Any advice is appreciated.

Cheers,
Sarah E. Smith, Esq.
MULLAVEY, PROUT, GRENLEY & FOE, LLP
2401 N.W. SIXTY-FIFTH
P.O. Box 70567
SEATTLE, WASHINGTON  98127
(206) 789-2511 ext. 1124
FAX:  (206) 789-4484
sesmith at ballardlawyers.com<mailto:sesmith at ballardlawyers.com>

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