[WSBAPT] GAL for minor heir

[Jennifer L White]

Adding to all of the other cogent responses - Though the general rule is that the obligation to pay child support statutorily ends upon death of the paying parent, sometimes, the parties' Support Orders and/or Settlement Agreements provide for ongoing post-death payment provisions or life insurance requirements. I would definitely review all of the existing orders in the family law matter. That would be an enforcement by the ex-wife in the form of a creditor claim. A child doesn't have an independent right to enforce the support provisions of their parents' dissolution. A GAL for the child would certainly be a cheerleader for the minor child, so I would move to have one appointed at the estate's expense. Plus, you said "basically" gives the child nothing - if there is anything they are supposed to get, then the GAL will look into that and report to the court accordingly.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D7E69B.BE3BABE0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah J. Dion
Sent: Wednesday, December 1, 2021 9:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] GAL for minor heir

Chiming in here to say that Diane is (of course!) correct. This is an odd hole in the statute that should be fixed. A minor whose surviving parent is not the PR (as in the case of a step-parent) is sometimes out of luck on family support awards. To get one, it must be brought by the surviving spouse. And the surviving spouse's interest as a beneficiary may be naturally opposed to that of the child, which can create a serious conflict for the PR.

In addition, fighting over this stuff can get very expensive for the surviving parent, whose attorney's fees are not an expense of administration the way the fees of the surviving spouse/PR are. I've been here a few times, representing the surviving parent and it is very frustrating to have to decide how much to invest (that may never be reimbursed) to get what the minor deserves. You can argue that you have added value to the estate and try to get the fees taken out of the community portion only, but it is no guarantee.

Sarah Jael Dion
PRINCIPAL
skellenger bender
TRUSTS AND ESTATES PRACTICE
Estate Planning | Probate

PHONE 206.623.6501 | FAX 206.447.1973
sdion at skellengerbender.com |<mailto:sdion at skellengerbender.com%20%7C>www.skellengerbender.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.skellengerbender.com_&d=DwMF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=JMlIt1GXQytqhbDYx3mWRiqjKBKGnGDKSOyC19peCDM&s=hec_2vDSxeUai09dKusNv_6UQU4B0WNaF-WtJ8rtpi4&e=>
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
Pronouns:  she/her
NOTICE:  This communication and the information contained within, along with any items attached as an enclosure, are privileged and confidential.  This communication is intended solely for the use of the individual(s) named above.  If you are not one of the intended addresses or you believe you may have received this communication in error, you are hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited.  In addition, you shall not print, copy, retransmit, disseminate, or otherwise use this information in any form without first receiving specific written permission from the author of this communication.  If you have received this communication in error, please reply to the sender indicating that fact and delete this message from your system immediately.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Diane J. Kiepe
Sent: Wednesday, December 1, 2021 9:29 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] GAL for minor heir


________________________________
CAUTION: This email was sent from an external sender.
________________________________

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.54.030&d=DwMF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=JMlIt1GXQytqhbDYx3mWRiqjKBKGnGDKSOyC19peCDM&s=WiHy4EdG9C3l4Njya5k_w162k4j7LJxgYg6YUSKoeqc&e=>, 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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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

[cid:image002.png at 01D7E69B.BE3BABE0]
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://urldefense.proofpoint.com/v2/url?u=https-3A__campbellbarnettlaw.com_&d=DwMF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=JMlIt1GXQytqhbDYx3mWRiqjKBKGnGDKSOyC19peCDM&s=1BcJvmwq1etW79uedsG0Dk1tMDa4maKrp3cqkJtsEaE&e=>

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please delete and notify the sender immediately.



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211201/24c12e21/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 987192 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211201/24c12e21/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 12009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211201/24c12e21/image002-0001.png>