[WSBAPT] Probate for Minor Decedent

Mon Nov 18 10:18:58 PST 2024

I agree this feels very unfair if the mother took no part in the minor’s life. But I don’t think statutory intestacy can be avoided; there is no equitable exception to it. The only way to avoid it that I know of is to execute a valid will.

However, it might not be as much of a problem as it might seem.

  1.  Minor is unlikely to actually own much of anything passing by intestacy. What does the minor actually own? Some clothing and personal effects of nominal value? A bank account maybe? Those are the only assets that would be inherited by the parents.

  1.  Wrongful death proceeds are not estate assets and do not pass by intestacy or under a will. The measure of damages in wrongful death is the beneficiary’s loss of love, care, affection, and society with the decedent. A custodial parent and an estranged parent have very different damages because it’s measured by the strength of their specific relationship with the child. So if mom has been out of the picture for years, she’s going to have an uphill battle to claim more than a nominal part of wrongful death proceeds.

  1.  Look also at RCW 4.24.010, which is a cause of action by a parent for death of a child. It overlaps heavily with wrongful death but it is not the same claim; the plaintiff for that is the parent and there are notice requirements to the other parent in order to pursue it. Here, standing to bring the claim is based on the strength of the relationship between the parent and child, so estranged mom may not have standing to bring such a claim and even if she does, she is not likely to be awarded much if anything. Note that this action also is not an estate asset; it’s something the parent pursues directly, outside the estate.

For what it’s worth, attached is a PDF of PowerPoint slides for a CLE that I gave a few years ago, about a PR’s duties in relation to wrongful death actions.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Monday, November 18, 2024 9:39 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate for Minor Decedent

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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)

Instantly schedule an appointment with me here<https://calendly.com/froeselawpllc>!

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