[WSBAPT] Probate Issue Re: Insurance Claim

[Jeanne Dawes]

An insurance company has asked me to initiate a probate in connection with a UIM settlement, where the accident occurred as a result of the insured being shot while driving.  (I actually have two of these now).  There is no "defendant" (the shooters are in prison now).  The decedent left minor children who are heirs of the estate and claimants under the wrongful death statute and survivorship statute.  The insurance company is asking the PR to petition the court to appoint the GAL for the minor children to approve a minor settlement (the appointment would be made in the probate proceeding).  When I've worked with these before the GAL approving the minor settlement has always been appointed outside the probate action.  Does anyone see a problem or any issues that may arise if the PR petitions the court in the probate action to appoint a GAL to approve this minor settlement?

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

 [cid:7029b209-7d72-4ff3-a3f4-7f0f7da9282c]

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