[WSBAPT] joint custody/guardianship nomination in will

Fri Feb 17 12:16:40 PST 2017

Sharon,

If the other parent is alive and not deemed unfit then no, she cannot name
another person to take over her 50% share. However, she can by way of using
a testamentary trust or similar instrument make sure the child's
inheritance is managed by a trustee of her own choice.

She could name alternative guardian choices for a scenario where both
parents are deceased. She should however, arrange and discuss with the
father so that he nominates the same people in his estate planning
documents; if possible so that it would be a smoother transition.

Setareh

On Fri, Feb 17, 2017 at 9:48 AM, G. (Gus) Benjamin Lindsey III <
lindsey3 at gbl3law.com> wrote:

> 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
>
>
>
> The Law Office of G. Benjamin Lindsey III
>
> 2012 Grade Road, Suite 202
>
> Lake Stevens, WA 98258
>
> Phone:   (425) 263-9585
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>
> website: www.gbl3law.com
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>
>
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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
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> Website: www.sharonrutberglaw.com
>
> 206-409-2604 <(206)%20409-2604>
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> email at sharonrutberglaw.com
>
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-- 

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could be in court or meetings. Thanks!

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

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