[WSBAPT] Overthinking it

Anna Van Pelt anna at vanpeltlegal.com
Thu Aug 31 08:00:00 PDT 2023


I am representing my first probate that involves a testamentary disclaimer
trust, whose beneficiaries are the surviving spouse and minor children. All
but one vehicle is jointly titled with the surviving spouse. The most
likely asset (singular) of the testamentary trust will be the family
residence.

I'm stuck on two things:
1) Do the minor children need notice of the probate (and a GAL) if they are
only beneficiaries through the trust?
2) Does the PR need to open estate bank accounts, given that there are
currently no separate assets and all cash assets are likely to transfer to
the surviving spouse? Does the analysis change if some cash assets are also
disclaimed into the trust?

Thanks,
Anna


Van Pelt Law
WSBA #36894
(206) 635-7250
www.vanpeltlegal.com


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