[WSBAPT] Guardian ad Litem needed?

[Kristina Driessen]

Scenario: Decedent/ Father died with a Will. The Will contains a SNT and a lay person trustee.  All assets go to two adult children who are in their 70's, equally. After the Will was drafted the Father took both adult kids off of state/federal services and simply paid out of pocket for their needs.  The two adult children are now receiving Medicare.

The SNT contains all the required language about not being used to provide basic food, clothing, shelter etc., but then states, unless all local, state and federal benefits for which the beneficiary is eligible has first been fully expended.

The two adult children are clearly unable to care for themselves and no one has been appointed guardian. There appears to be enough sums to care for the duration of their lives. I understand that ultimately a guardian should be appointed, but while family is helping with the care, there is zero interest in petitioning.

In the Probate what is the best course: Reform the Will to provide for a non SNT, use the existing language to simply place into a non SNT Trust?

Does a GAL need to be appointed?

My gut says yes to the GAL(s), but I do not want to open a can of worms, if there is no requirement to do so.

Thanks in advance.



Kristina A. Driessen
"A" Street Legal Services, Inc. P.S
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
astreetlegalservices.com
kristina at rdattys.comcastbiz.net

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