[WSBAPT] Authority of GAL for MInors

[Jeff at bellanddavispllc.com]

Thank you for your responses.   In this case the other parent wants the money earlier; the Will sets up trusts with the intent for some of it be used for college.   

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> 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 Mark Vohr
Sent: Wednesday, August 21, 2024 8:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Authority of GAL for MInors

 

Jeff – Agreeing with Deborah, in our experience the court modifies estate plans all the time, primarily by establishing court ordered (an often supervised) trusts for minor and disabled individuals.  The court will act on the recommendation of the GAL on the basis that it is in the best interest of the beneficiary.

 

Your question does not specify what kind of modifications your client might be seeking.  As Deborah noted, it must be in the best interest of the beneficiary and, even better, consistent with what the decedent would have done if the decedent had all the facts now present when they signed the will in the first place.    

 

Regards,

 

Mark

 

Mark C. Vohr, J.D. CPGC

Ohana Fiduciary Corporation

A Washington Trust Company

155 NE 100th St., Suite 209

Seattle, WA  98125

Telephone:  (206) 782-1189

 

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 deborah at neillaw.com <mailto:deborah at neillaw.com> 
Sent: Wednesday, August 21, 2024 8:11 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Authority of GAL for MInors

 

Jeff,

 

The probate statute that allows a court to appoint a GAL is RCW 11.76.080. It says that the court can appoint a GAL for any purpose the court indicates. I suppose the court could authorize the GAL to modify a Will under TEDRA if the GAL persuaded the court that it was necessary.

 

Not sure if that helps.

 

Deborah Jameson (she/hers)| Attorney | Neil & Neil, P.S.

5302 Pacific Avenue,Tacoma,WA 98408 |  <mailto:deborah at neillaw.com> deborah at neillaw.com
(253)475-8600 | f:(253)473-5746

 

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On Aug 21, 2024, at 6:08 AM, Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com>  wrote:

 

Listmates:

 

Single parent dies.   Will leaves estate in trust for minor children.  What authority does a GAL have to modify decedent’s Will?  What statute provides the authority for a GAL for minors in a probate proceeding? 

 

Thank you .

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
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