[WSBAPT] Probate Guardian ad litem needed?

[Kristina Driessen]

Good Morning

Scenario: My client is the ex-husband of decedent. They have two minor boys.  When the parties were divorced in 2016 the home was granted to the both of them. It was anticipated that the home would be sold at some point and each would share in the proceeds. The sale never occurred and my client continued to make the full mortgage payment, while decedent resided in the home.

My client was and is the full-time custodian of children. The decedent passed away in the home and was not found until approximately 6 weeks after death. Decedent has a mother and father who are divorced and one sibling. All three agree that my client should be appointed as the administrator.

My gut says that a guardian ad litem should be appointed, but I am trying to preserve as much as possible of the proceeds from the home. RCW 11.76.080 has an exception for the appointment of a GAL if the petitioner is the spouse or domestic partner. I know my client is neither, but wondered if anyone has tried this exception under similar circumstances? Or if a GAL is even necessary under the facts?

Thank you for your input.




Kristina A. Driessen

A Street Legal Services, Inc. P.S.

16 A Street, SE, Auburn, WA 98002

(253) 939-0811


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