[WSBAPT] Minor to receive $1000 inheritance from Will - lives in Australia

Thu Feb 11 17:16:23 PST 2021

My plan was to wait until the estate was ready to disburse and then address this.  I think there is a way to provide a motion and proposed order to disburse to the "general" guardian/parent of the minor w/o the need for a GAL.  I have appointed parents as litigation GALs in cases with no issues.

I was going to submit the proposed distribution in the closing pleadings b/c distribution is authorized under the Will to a minor.  I will accompany with a motion and proposed order pursuant to RCW 11.76.095.  This one is a non-intervention probate.  Do you have another suggestion or solution?  I'd love to hear about it.
RCW 11.76.095<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.095>
Distribution of estates to minors.
When a decree of distribution is made by the court in administration upon a decedent's estate or when distribution is made by a personal representative under a nonintervention will and distribution is ordered under such decree or authorized under such nonintervention will to a person under the age of eighteen years, it shall be required that:
(1) The money be deposited in a bank or trust company or be invested in an account in an insured financial institution for the benefit of the minor subject to withdrawal only upon the order of the court in the original probate proceeding, or upon said minor's attaining the age of eighteen years and furnishing proof thereof satisfactory to the depositary;
(2) A general guardian shall be appointed and qualify and the money or property be paid or delivered to such guardian prior to the discharge of the personal representative in the original probate proceeding; or
(3) A custodian be selected and the money or property be transferred to the custodian subject to chapter 11.114<http://app.leg.wa.gov/RCW/default.aspx?cite=11.114> RCW.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

Please be advised, we are requiring all clients with scheduled appointments coming in, as well as our staff, to be prepared to wear a face mask or adequate covering during all in office interactions.

LICENSED IN WASHINGTON AND OREGON
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Thursday, February 11, 2021 4:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Minor to receive $1000 inheritance from Will - lives in Australia

Hi Dalynne, I wondered what you came up for this?  To a certain extent, I was wondering if the practical answer was "What the heck?  It's only a 1000 lousy bucks.  Just send the money to kid and be done with it."  I mean, in this day and age, even if you required the money be held for college, what would the 1000 bucks buy?  Maybe books for two semesters?  I was hoping you came up with some de minimis rule for distributions to a mnor?

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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 Dalynne Singleton
Sent: Tuesday, December 29, 2020 5:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Minor to receive $1000 inheritance from Will - lives in Australia

I have a Will that provides for a minor child to receive $1000.  She and her mother live in Australia.
What have others done in this situation - is UTMA, UGMA or a 529 Accounts an option?
Any other cost efficient means to provide for this minor?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com>

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

Please be advised, we are requiring all clients with scheduled appointments coming in, as well as our staff, to be prepared to wear a face mask or adequate covering during all in office interactions.

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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