[WSBAPT] Life Insurance for Minor Beneficiary

[Brent Williams-Ruth]

I have no problem with 11.114, have done that and expected that it would go
into a blocked account.

I have just never had anyone REQUIRE a full conservatorship appointment.

Total amount of the benefit is $7,500.

*Brent Williams-Ruth* (pronouns: 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 <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /


On Tue, Dec 6, 2022 at 5:13 PM Nick Pleasants <npleasants at ohswlaw.com>
wrote:

> Brent,
>
> That is business as usual. The surviving parent is not automatically the
> child’s conservator for purposes of claiming insurance benefits. I have
> done lots of minor conservatorships for life insurance of a deceased
> parent. It’s pretty streamlined so you don’t need a CV Report. Under the
> old law, I could get the parent appointed simultaneously with filing the
> Petition. I think it should be similar under the new law, but haven’t filed
> one since Jan 1, 2022. Sometimes you can get the life insurance company to
> accept appointment of a custodian under 11.114, sometimes they refuse.
>
> There are some important protections in conservatorship, which depending
> on the size of the funds, make complete sense. The conservator is going to
> be required to block the funds in excess of $3,000 or obtain a bond. Absent
> extenuating circumstances, the money should stay blocked until the child’s
> 18th birthday. Generally life insurance funds will not be used to pay for
> minor child’s care because whoever is raising the child can claim the
> social security benefit for the child. I actually think this works really
> well because otherwise surviving parent may be tempted to spend it.
>
> Best,
>
> Nick
>
>
>
> *Nicholas Pleasants | Shareholder *
>
>
>
> [image: OseranHahnAttyatLaw 8]
>
>
>
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> Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail:
> npleasants at ohswlaw.com
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Tuesday, December 6, 2022 3:07 PM
> *To:* WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Life Insurance for Minor Beneficiary
>
>
>
> Listmates -
>
>
>
> I have a situation where my Executor has been told by a National Life
> Insurance carrier that we need “certified guardianship/conservatorship
> papers for the estate of the minor including Letters of
> Guardianship/Conservatorship and the supporting Court Order appointing the
> guardian/conservator.”
>
>
>
> I am used to getting an order for custodian transfer under 11.76 and
> 11.114....but I am curious as to their demand for a
> guardianship/conservatorship when the surviving spouse is also the
> biological parent of the minor beneficiary.
>
>
>
> Appreciate thoughts and insights.
>
> *Brent Williams-Ruth* (pronouns: 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 <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
> ***Disclaimer: Please note that RPPT listserv participation is not
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