[WSBAPT] joint custody/guardianship nomination in will

[G. (Gus) Benjamin Lindsey III]

If I understand the question,

 

I do not believe a parent can transfer "custody" to another person if the
other parent of the child is living, and not deemed an unfit parent. A
person can identify another person (other than their former spouse) to serve
as guardian/trustee for assets that the deceased parent plans to leave for
their child. 

 

If the question is whether or not a testamentary document can in essence
designate another person that will assume the deceased parent's custody then
the answer is no. However, in the case of a death, the grandparents can
petition for visitation. (RCW 26.09.240)

 

 

Sincerely,

 

G. (Gus) Benjamin Lindsey III

Attorney-at-Law



 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sharon Rutberg
Sent: Friday, February 17, 2017 9:18 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] joint custody/guardianship nomination in will

 

Good morning, everyone -

 

Wondering if anyone has worked on estate planning with a divorced client
with minor children. My client has joint custody, children live with her 50%
of the time. Can she nominate a guardian to take over her 50% of custody if
she should die - and expect a court to accept her nomination -- rather than
having children's father take 100%?

 

Grateful, as always.

 

Sharon

 

Law Office of Sharon C. Rutberg, PS

1734 NW Market St.

Seattle, WA 98107

Website: www.sharonrutberglaw.com <http://www.sharonrutberglaw.com/>  

206-409-2604

email at sharonrutberglaw.com

Washington State Bar #47055
D.C. Bar #420576

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