[WSBAPT] joint custody/guardianship nomination in will

Fri Feb 17 12:49:04 PST 2017

Thanks, everyone, for the very helpful responses!

Law Office of Sharon C. Rutberg, PS

1734 NW Market St.

Seattle, WA 98107

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

206-409-2604

 <mailto:email at sharonrutberglaw.com> email at sharonrutberglaw.com

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

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: Friday, February 17, 2017 12:17 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] joint custody/guardianship nomination in will

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 <tel:(425)%20263-9585> 

website: www.gbl3law.com <http://www.gbl3law.com/> 

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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 <tel:(206)%20409-2604> 

email at sharonrutberglaw.com

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

NOTICES
The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine, and/or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance.

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Best regards, 

Setareh Mahmoodi 

Attorney at Law 

18222 104th Ave NE, Suite 103

Bothell, WA 98011

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