[WSBAPT] Appointment of a GAL for Minor for Parent's estate?

[Jane Bitz]

Here is one for your Friday afternoon diversion: sorry in advance for this long fact pattern:

Decedent, mom of 16 y/o (adopted son) passed away. She has a self-drafted Will that meets the Washington requirements for a valid Will.

Decedent has a surviving domestic Partner who is biological mom and surviving parent/guardian of the 16 y/o. Decedent and Partner have been separated since 2011. When they split they agreed to shared custody of their son, but no formal separation, divorce, custody or parenting order was entered.

After decedent split with partner, her two sisters bought a home for decedent, son & one sister to live in. Decedent lived in the home and made half of the mortgage payments. One sister lived with her (& paid the other half of the mortgage payments) and the other sister was on the home loan because decedent & her sister could not qualify for the mortgage. A few years after they moved into the home, both sisters who were on title quit claimed a "tenants in common" share to the Decedent (1/3).

About a year ago the Partner moved into the house with decedent (but the relationship did not restart). Partner moved in because she had fallen on some hard times after a job loss and needed the shelter. Partner is still living there with her son and decedent's sister.

Decedent left her entire estate (except personal property gifts) to her sister who lives with her. Her child is mentioned in the Will. She has a clause stating "Any minor child's gift under this Will shall be placed into a Uniform Gift to Minors account." There is no gift of property  in the Will to her son directly. Her sister, the child's Aunt, is appointed PR with Non-intervention powers.

Assets are 1/3 ownership of a home with her two sisters & bank accounts of unknown value. Her life insurance named her sisters as beneficiaries. Her 401K account named her sisters as beneficiaries, but her employer is saying that the Partner controls the account as "surviving spouse." If the Partner disclaims the account, then the employer says it will go to her minor son.

QUESTION: Does this child need a probate guardian? Under RCW 11.76.080 because the child's surviving parent is not receiving part of the estate, it appears that we need to appoint a Guardian ad Litem to represent his interests. There probably won't be much in probate assets, except the 1/3 equity in the house where the child lives with his Aunt and his mother. There are also outstanding medical bills covered by health insurance with a high deductible and 20% patient share.

Thanks in advance for your thoughts.

Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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