[WSBAPT] One Minor Heir - LOPA Eligible

Wed May 12 16:55:56 PDT 2021

yes you are correct. i absolutely confused lopa with Small Estate Affidavit when sending. i had just had a call with a PC about using the LOPA to avoid probate and that was stuck on my mind. 

so let me add a dimension to my situation. biological mom has parental rights suspended and it’s about to lose them entirely. paternal grandmother is temp custody and maternal aunt is seeks permanent custody. 

it’s a mess of a family. is this something i could refer to you? there are just many quirks that need someone with experience outside my own. 

Brent Williams-Ruth 
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (253) 285-7751

Direct Mobile: (253) 285-7453

500 S. 336th St., Suite 214; Federal Way, WA 98003

e-mail / website / facebook / 

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com 

> On May 12, 2021, at 4:28 PM, Nicholas Pleasants <nick at pleasantslaw.com> wrote:
> 
> 
> 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
>  
> Nicholas Pleasants
> Owner
>  
> <image001.png>
>  
> Pleasants Law Firm, P.S.
> 2300 130th Ave NE, Suite A-101
> Bellevue, WA 98005-1755
> (425) 615-7070 tel/fax
> nick at pleasantslaw.com
> www.pleasantslaw.com
> The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
> If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.
>  
>  
> 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
>  
> <image002.png>
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson  | Senior Associate  |  Wong Fleming 
> <image003.png>
> 10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
> Phone: 425.869.4040  |  Fax: 425.869.4050 
> cwilkerson at wongfleming.com
> <image003.png>
>  
> <image004.png>
> <image005.jpg>
> Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing. 
> 
> IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED
>  
> 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                                                  
> Shoreline Office: 19944 Ballinger Way NE
>                                 Shoreline, WA 98155
> Sultan Office:        423 Main
>                                  Sultan, WA 98294
>  
> Phone: 206 367 5000; fax: 206 367 4005
> Email: roger at law-hawks.com 
> Web site: www.hawkeslawfirm.com
> <image006.jpg>
>  
> 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)
> Attorney-At-Law
> 
> Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC
> 
> Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003
> 
> **EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063 
> 
> Office/Scheduling Phone: (253) 285-7751
> 
> Direct: (253) 285-7453
> 
> e-mail / website / facebook / 
> 
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210512/67f0fccd/attachment.html>