[WSBAPT] Restriction on Probate Disbursement to Minor Heir

[Jeff at bellanddavispllc.com]

Thank you Nick and Mike.  Your insight is very helpful.

 

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of michael westseattleattorney.com
Sent: Thursday, June 23, 2022 1:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Restriction on Probate Disbursement to Minor Heir

 

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

 



  _____  

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 Nick Pleasants
<npleasants at ohswlaw.com <mailto:npleasants at ohswlaw.com> >
Sent: Thursday, June 23, 2022 12:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto: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 

 



 

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com
<mailto:npleasants at ohswlaw.com>  

 

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From: wsbapt-bounces at lists.wsbarppt.com
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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Thursday, June 23, 2022 9:42 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto: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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
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info at bellanddavispllc.com  or call 360.683.1129.

 

 

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