[WSBAPT] Claiming small estate by affidavit as custodian for minor grandchild as sole heir and successor to decedent

[Joshua McKarcher]

I would be grateful for your knowledge if you know whether a qualified custodian under our state’s UTMA can permissibly collect a decedent’s personal property by a small estate affidavit as “successor” on behalf of the decedent’s sole heir, a minor child.

My clients’ adult son died, leaving no surviving spouse, one 11-year-old son, and individual items of personal property. Each item is worth less than $30,000, and all items together are worth less than $100,000 collectively.

Clients get along very well with minor grandchild and his surviving mother (who was never married to the decedent, to be clear).

I have very little experience with small estate affidavits and custodianships, but I believed (hoped?) these grandparents (or one of them) could sign a small estate affidavit as the decedent’s parents (having priority of appointment as PR) and as qualified custodians for their grandchild under Washington’s UTMA. I intended to have them open a custodial bank account at the same bank holding decedent’s funds (where they bank as well), and to deposit the proceeds of life insurance, a car, and a small amount of cash into the custodial account. Voila! (Rather, voila?)

If I am reading UTMA correctly, I “think” each obligor can, without court appointment of the grandparent, turn over each individual asset to the grandparents as custodians so long as each is under $30,000 in value . . . if they can also sign a small estate affidavit on behalf of the minor child “successor.”

So, I “think” the relevant issue is: is it permissible to modify the small estate affidavit so that the grandparent is signing it as custodian for the minor child as sole heir and successor to decedent and only with respect to individual assets not exceeding $30,000 in value?

Or is this one of those things that “works if the obligor allows it to work and hands over the asset” but “doesn’t work and you have zero leverage if the obligor declines”?

Have I happened upon a fact pattern that requires court appointment of the grandparent as Administrator of the decedent’s intestate estate, despite the seeming necessity or justification for incurring that cost?

Happy Thanksgiving? 😉 (No, really: Happy Thanksgiving!!)

Thanks, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>




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