[WSBAPT] Intestate probate - long lost dad

Wed Jan 6 15:39:35 PST 2021

Timothy:  I handled a wrongful death settlement to the Estate of a minor child.  The monies were paid into my trust account and DSHS had a lien on the portion to go to the father.  I paid that first, then the remaining monies were split between the parents.  The mom then received all her back child support from DSHS.  I have a contact at DSHS and research I did on the "lien" if you would like this information, please send me a private email and I will respond.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Wednesday, January 6, 2021 3:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate probate - long lost dad

Colleagues,

Young man passed away tragically without a Will, 21-years old. He didn't have significant assets, but assets nonetheless. No spouse or kids. He was raised by his mother and grandmother. His biological father and his mother were never married. Biological father has only met the decedent once and has never attempted to be in their lives - he actually owes mom about $60k worth of back child support. Mom hasn't pursued that as she just wants nothing to do with him.

However, he is the biological father of the decedent.. RCW 11.04.015 seems clear that "parents" take in the scenario. However, does Mom have any avenue to challenge the biological father as an heir to decedent's estate based on the above? My first thought was...if he would take, mom might have a potential creditor's claim for back child support? I was hoping to get any potential advice or avenues before discussing with Mom.

Thanks!

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com>

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