[WSBAPT] One Minor Heir - LOPA Eligible

Wed May 12 11:11:05 PDT 2021

So, as I see it, the GAL would be appointed in the probate to recommend that a trust be set up to hold the asset for the minor, with a trustee appointed.  Then the property is transferred to the trustee of that trust.  I don’t see a title company accepting such a trust being set up without court approval, but I might be wrong.

Best,
Candace

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Wednesday, May 12, 2021 10:57 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] One Minor Heir - LOPA Eligible

Presumably a very young minor, so gdn would have a long job.  And mother is presumptively the guardian.  So if someone thinks that is a bad idea, then someone should seek an independent guardian to hold the money till minor is legal.

Roger Hawkes, WSBA # 5173
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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 Brent Williams-Ruth
Sent: Wednesday, May 12, 2021 10:03 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto: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

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