[WSBAPT] Life insurance comapany requires parent of minors to be appointed guardian

[Marketa Vorel]

Dear Listmates,

I have very little experience with guardianship of minors and the case law
seems a bit thin on this issue.  *Is a surviving parent of minor children
required to undergo guardianship proceedings in order to manage the minors'
assets?*
The client is mother of two minor beneficiaries on a life insurance policy
established by her deceased spouse (the insured).  The life insurance
company demands "guardianship papers for the finances of minor
beneficiaries" before pay out.

Client and deceased were a legally married (same-sex), client adopted both
children at birth and has been their legal parent since then.

The insured also appointed client as the children’s guardian in her will
and established a testamentary trust under which any funds due to the
minors shall be received and administered.  The insured’s will has been
admitted to probate and its provisions are irrevocable and in full force
and effect.

UTMA/RCW 11.114.050, seems to give authority for client to receive and
manage the proceeds of the insurance policy without further court
proceedings.  Specifically, the statute provides that transfers will be
“authorized by a will if the testator has nominated a guardian under RCW
11.114.030 to receive custodial property” and that a “custodian nominated
under that section shall be a person to whom a transfer of property of that
kind may be made under RCW 11.114.090.”

AIG refuses to budge and insists on a court appointed guardian.  It seems
like the issue of a parent being the de-facto and automatic guardian would
be a settled one, without requiring the surviving parent to go to court to
demonstrate guardianship of her own children.  What am I missing?

Thank you in advance for any wisdom,

M.


-- 
*Law Office of Marketa Vorel*
1520 K Avenue
Anacortes, WA  98221
206.799.0541
marketa.vorel at gmail.com
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