[WSBAPT] Question about agreement for distribution of joint bank account

[Candace Wilkerson]

Hi Listmates,

I have a little uneasiness about doing this, so wanted to run it by the group for thoughts.

Decedent had a joint bank account with his brother (brother would be my client).  Decedent has an 11-year-old son with an ex-partner.  The account holds about $55,000.  Decedent died intestate and with no other assets of value.  No probate is needed, theoretically speaking.  But ex-partner is upset about back child support Decedent owed.

My client is the owner of the funds in the account, so he has the right to keep the funds (barring someone filing a claim on non-probate assets).  But he wants them to go to his 11-year-old nephew, so he has asked me to draft an agreement with the ex-partner, in which she agrees to split the account in half; half going into a custodial account for the child and half going to her for back child support (although not acknowledged as such).

I think a probate needs to be opened with the appointment of a GAL to investigate and make a recommendation.  Or at the least, a TEDRA agreement with the establishment of a trust for the minor child (with someone other than the mother overseeing the fund of the trust).

Has anyone dealt with something like this before, or have any helpful advice for me?

Thanks,
Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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