[WSBAPT] GAL for minor heir

Wed Dec 1 08:53:43 PST 2021

RCW 11.76.080. The probate GAL is appointed to look after the interests of the child. The probate GAL is required to report back to the court to approve any distributions for the minor and to report any irregularities.  The legal guardian (mother perhaps) can be appointed as probate GAL but in this case, you can request the court to appoint one.

RCW 11.76.080<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.080>
Representation of incapacitated person by guardian ad litem or limited guardian-Exception. (Effective until January 1, 2022.)
If there be any alleged incapacitated person as defined in *RCW 11.88.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.88.010> interested in the estate who has no legally appointed guardian or limited guardian, the court:
(1) At any stage of the proceeding in its discretion and for such purpose or purposes as it shall indicate, may appoint; and
(2) For hearings held under RCW 11.54.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.010>, 11.68.041<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.041>, 11.68.100<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.100>, and 11.76.050<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.050> or for entry of an order adjudicating testacy or intestacy and heirship when no personal representative is appointed to administer the estate of the decedent, shall appoint some disinterested person as guardian ad litem to represent the allegedly incapacitated person with reference to any petition, proceeding report, or adjudication of testacy or intestacy without the appointment of a personal representative to administer the estate of decedent in which the alleged incapacitated person may have an interest, who, on behalf of the alleged incapacitated person, may contest the same as any other person interested might contest it, and who shall be allowed by the court reasonable compensation for his or her services: PROVIDED, HOWEVER, That where a surviving spouse or surviving domestic partner is the sole beneficiary under the terms of a will, the court may grant a motion by the personal representative to waive the appointment of a guardian ad litem for a person who is the minor child of the surviving spouse or surviving domestic partner and the decedent and who is incapacitated solely for the reason of his or her being under eighteen years of age.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Wednesday, December 1, 2021 8:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] GAL for minor heir

Listmates, A minor child's father has died. Father's second wife probated Will that leaves basically nothing to child. Second wife is non-intervention PR and did not seek appointment of a GAL for minor. Probate is still pending and there is sufficient time to seek a family support award plus other relief for the child based on a contract his father made with stepmother to pay for the child's post-secondary education.  Is the first step appointment of a GAL for the minor child? What is the statute for a probate GAL to be appointed? The child's surviving parent has retained me to file a petition on behalf of child, but if a GAL were appointed, I think it would be done for the child by the GAL and perhaps on the estate's dime - Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://campbellbarnettlaw.com/>

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