[WSBAPT] Restriction on Probate Disbursement to Minor Heir

[michael westseattleattorney.com]

I have had parents request and have had commissioners in King put minor's inheritance in a trust to preserve the funds , due to minor's discipline issues and lack of maturity. The parents were aware that the minor could likely motion the court to have it disbursed "if the minor went to an atty" ... . Mike Atkins

[cid:e628f110-7a30-4581-8505-abee6b3ff778]
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Nick Pleasants <npleasants at ohswlaw.com>
Sent: Thursday, June 23, 2022 12:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Restriction on Probate Disbursement to Minor Heir


In my experience, SPR 98.16W is not controlling on a probate disbursement, but a Probate GAL might consult it as to how to handle the proceeds. However, I don’t know that the court has any authority to place it in a trust. The minor has a vested right to the money at age 18, it could be problematic to try to make arrangements that delay it. With that amount of money, and if the minor has a long way until age 18, it might be worth it to file for Conservatorship, so that the money can be invested until age 18, rather than in a blocked account.

Best,

Nick

Nicholas Pleasants | Shareholder



[OseranHahnAttyatLaw 8]



11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, June 23, 2022 9:42 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Restriction on Probate Disbursement to Minor Heir



Listmates:



This is a new one for me.  A minor, an heir to grandmother’s estate, will inherit monies in excess of $100,000.00.  The GAL, for the minor, initially recommended those funds be placed in a blocked account until the minor turns 18.  Now, the GAL questions whether Special Proceedings Rule 98.16W(j) controls and that the funds should be placed in a trust.  We debated whether that rule even applies to a probate inheritance that has nothing to do with an injury claim, but arguments can be made both ways.  Have any of you dealt with this?



Jeff



W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.




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