[WSBAPT] One Minor Heir - LOPA Eligible

Wed May 12 16:16:17 PDT 2021

Brent,
Unless the estate is holding real estate, I do not think you want to use a Lack of Probate Affidavit. Also, Lack of Probate Affidavit has nothing to do with the size of the estate. In my experience, the LOPA is a document that is recorded to evidence the transfer of real property.
I think what you are talking about is a Small Estate Affidavit pursuant to Ch. 11.62 RCW. That is limited by the estate being under $100,000.
I have dealt with a small estate going to minors by filing a Petition to Establish Custodial Account pursuant to Ch. 11.114 RCW (UTMA). Standing to bring the Petition could be based on RCW 11.114.070(4). Technically the limit for a UTMA account is $30,000, but there is some wiggle room in RCW 11.114.060(1)(c) that arguably allows the court to exceed this amount. It is going to be very fact specific, but I have gotten the courts to approve UTMA’s closer to the $100,000 range.
UTMA is great because the custodian has permission to spend the money for the benefit of the minor without court approval. RCW 11.114.140.
In King County, the UTMA Petition was treated like a TEDRA Petition. We were able to resolve it at the initial hearing 23 days after filing.
The difference in the fact patterns when I have used an UTMA Petition is that the minors were already beneficiaries on the accounts, so no Small Estate Affidavit was needed. In your case, you are asking the court to bypass the probate and go straight to the UTMA. May or may not work, and if it does not work, then you might be out the $240 filing fee and have to start over with a probate. But given the right set of facts, this can work to bypass probate, bypass GAL, bypass guardianship, and go straight to surviving parent as custodian.
Best,
Nick

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Candace Wilkerson <cwilkerson at wongfleming.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, May 12, 2021 at 11:20 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] One Minor Heir - LOPA Eligible

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.

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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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