[WSBAPT] Overthinking it

[Bruce Moen]

Issue #1.  The appointment of a GAL is discretionary when the minor has no legal interest, but only a beneficial interest. In my experience, some judicial officers do appoint and some do not.

Your job is to disclose the situation in the Petition and to provide a factual basis sufficient for the court to exercise its discretion.

  -Bruce

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Anna Van Pelt <anna at vanpeltlegal.com>
Sent: Thursday, August 31, 2023 8:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Overthinking it

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<http://www.vanpeltlegal.com>

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