[WSBAPT] No-asset insolvent intestate estate, minor child - need a GAL? Who pays?

[Roger Hawkes]

If you withdraw, the clerk will eventually dismiss the probate for non prosecution.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Eric Nelsen [mailto:Eric at sayrelawoffices.com]
Sent: Monday, November 24, 2014 3:08 PM
To: WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com)
Subject: [WSBAPT] No-asset insolvent intestate estate, minor child - need a GAL? Who pays?

No-asset estate, just personal effects of nominal value. Surviving spouse and five kids, one of whom is 13 years old. Received a bunch of creditor claims totalling about $10,000.

Only opened the probate to investigate a wrongful death claim, which was a no-go, so now we need to shut it down with an accounting and final hearing to approve no distribution, no payment to creditors.

RCW 11.76.080(2) seems in indicate that appointment of GAL for the minor child is mandatory. Is that right? If so, who is going to pay the GAL? The Estate has literally nothing--no cash, no vehicle, just some clothes and other effects of no value.

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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