[WSBARP] testate nonintervention probate distribution to minor

[David Moe]

(Follow-ons to my 11:44 AM response below):
	I must add to my prior response after further thought:

	First, where in a testate estate there was a minor beneficiary, for the petitioner to obtain nonintervention powers, RCW 11.76.080 (generally requiring appointment of a guardian ad litem for the minor) must have been satisfied;
	Second, my experience with banks is generally that they will require a court order to block an account. 
	Third, to the extent Civil Rule SPR 98.16w (1) applies--and in King County, to the extent LCR 98.16(a) and (b) may apply, court orders will be required, both to establish and to disburse from the accounts.  

[Query--is a small pecuniary or residuary percentage testamentary gift to a minor an "estate settlement" or "claim settlement" subject to SPR 98.16w?  If so, settlements under $25,000 still require a settlement GAL, with no minimum "settlement" amount totally exempt. (But see below.)]

	Fourth,  in drafting wills, I routinely provide that a testamentary gift to a minor may satisfied with creation of a custodial (UTTMA) account, and provide that the estate PR can act as, or designate a 3rd party to act as custodian.  It appears to me that RCW 11.114.020(4) allows for this without requiring a guardian ad litem for the minor.  

Are financial institutions requiring court orders to establish such accounts, as opposed to blocked accounts, in settlement of estates, absent an  authorizing provision in the will or trust?  RCW 11.114.060-"Other Transfer by fiduciary," suggests no court approval is required even in that situation, unless the transfer exceeds $30,000 in value.  


 David Moe, Attorney
David L. Moe & Associates, P.S.
Telephone:  425-432-1277
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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Moe
Sent: Thursday, December 03, 2015 11:44 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] testate nonintervention probate distribution to minor

A specific court order should not be required with PR having nonintervention powers.
See RCW 11.68.090(1), and in King County 
Powers of personal representative under nonintervention will-Scope-Relief from duties, restrictions, liabilities by will.
(1) Any personal representative acting under nonintervention powers may borrow money on the general credit of the estate and may mortgage, encumber, lease, sell, exchange, convey, and otherwise have the same powers, and be subject to the same limitations of liability, that a trustee has under chapters 11.98, 11.100, and 11.102 RCW with regard to the assets of the estate, both real and personal, all without an order of court and without notice, approval, or confirmation, and in all other respects administer and settle the estate of the decedent without intervention of court. Except as otherwise specifically provided in this title or by order of court, a personal representative acting under nonintervention powers may exercise the powers granted to a personal representative under chapter 11.76 RCW but is not obligated to comply with the duties imposed on personal representatives by that chapter. A party to such a transaction and the party's successors in interest are entitled t!
 o have it conclusively presumed that the transaction is necessary for the administration of the decedent's estate.


-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Thursday, December 03, 2015 9:52 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] testate nonintervention probate distribution to minor

I have understood that small distributions for minors can be made under 11.76.095 without separate court order.  Either under 11.76.095(1) blocked account, or 11.76.095(3) UTMA account.  Bank wants specific court order to set up account.  Am I mistaken?

Thanks!

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