[WSBAPT] Probate for Minor Decedent

[Candace Wilkerson]

Wow; I don’t have any experience with this, but would be interested in everyone’s thoughts.  With the disclaimer that I haven’t reviewed the caselaw; but seems it couldn’t hurt to make the argument that the minor wouldn’t want his mother to inherit from him – especially if she deserted him.

Best,

Candace M. Wilkerson
Of Counsel

Seattle Litigation Group, PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kendel Froese
Sent: Monday, November 18, 2024 11:00 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Probate for Minor Decedent

You don't often get email from kendel at thrivelawpllc.com<mailto:kendel at thrivelawpllc.com>. Learn why this is important<https://aka.ms/LearnAboutSenderIdentification>
Good morning:

I have a client who has been appointed as the administrator of her brother's estate. He was 16 years old when he died. A big part of why we needed to open probate and appoint an administrator was because a wrongful death action was being pursued and someone needed to be appointed to act on behalf of the estate.

Clearly, the decedent died without a Will - in large part of course because he couldn't legally execute a Will as a minor. My assumption has been that his assets are to be distributed under the laws of intestacy.... but this is just weird enough with him being a minor that I wanted to reach out and see if anyone has dealt with similar circumstances and would be willing to brainstorm with me. He wasn't married and didn't have kids, so his estate is set to go to his parents - and the decedent's mother was completely out of the picture while he was alive (they didn't even know where mom was living). I'm wondering if there is a case to be made that if he had been old enough to execute a Will, he would not have left anything to his estranged mother? Any case law anyone is aware of? Or are we just stuck with the laws of intestacy?

Thank you in advance for sharing your wisdom!

Warmly,
Kendel

--

Kendel Froese

Attorney, Froese Law PLLC<https://www.froeselawpllc.com>

203 N. Washington | Suite 200 | Spokane, WA | 99201

509.514.5317 (Call & Text)

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