[WSBAPT] GAL for minor heir

[Diane J. Kiepe]

Just a side note for your consideration - I don't believe the minor child has standing to file for the award itself, just to share in an award on petition of a step-parent -  RCW 11.54.010 in part is below.

If a contract exists I would file as a creditor on the contract.

A parent has no obligation, in and of itself, to provide for a child in his/her Will.

Award to surviving spouse, domestic partner, or children-Petition.
(1) Subject to RCW 11.54.030<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.030>, the surviving spouse or surviving domestic partner of a decedent may petition the court for an award from the property of the decedent. If the decedent is survived by children of the decedent who are not also the children of the surviving spouse or surviving domestic partner, on petition of such a child the court may divide the award between the surviving spouse or surviving domestic partner and all or any of such children as it deems appropriate. If there is not a surviving spouse or surviving domestic partner, the minor children of the decedent may petition for an award.


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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
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317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
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