[WSBAPT] One Minor Heir - LOPA Eligible

[Candace Wilkerson]

Brent, I wouldn’t think a LOPA would work for a minor beneficiary because that person is not legally able to hold title, so I think probate with GAL would be required.  I’ve never run into the issue before, though, so would defer to others with knowledge.

Best,
Candace

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Wednesday, May 12, 2021 10:03 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] One Minor Heir - LOPA Eligible

Greetings List -

I have a PC who is dealing with the death of a young adult (who passed without a Will) who left behind one minor child.  Minor child's surviving parent WAS NOT a spouse. Minor child is presently in custody of decedent's parents, but permanent custody is (even before this)  being sought by maternal aunt.

Because the total value of the estate is under $100,000 (and is solvent) the question was whether they could use LOPA to transfer estate assets to minor beneficiary.

This shouts to me the need for a PGAL but also know that this adds to what should be an "easy" transfer.

Thank you!
Brent


Brent Williams-Ruth (preferred pronoun: he/him)
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