[WSBAPT] Nomination of Guardian for Child in Will

[Andrekita Silva]

Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________  

December 1, 2025

Marcus,

Last year, I represented an Aunt in a case where the father, who was the guardian of his adult dependent child, died with only an unenforceable oral will (he recorded his wishes hours before his death.)

The bio mother contested as she wanted guardianship. We had to go through a contested proceeding.

Generally, the court isn't bound by a parent's wishes about who should be the guardian of their minor/ dependent child upon their death. A bio parent has a constitutional right to the care/ custody of their child on the death of the other. The court will make balance a parent's constitutional right against the child's best interest when making a decision As between a bio parent and a third party, the bio parent would have to be pretty unfit. If it's between non bio parent third parties, the court would give considerable weight to the dying parents wishes - assuming their selected guardian were reasonably fit and qualified- and assuming it's not an older child who is mature enough to express their reasonably well-reasoned wishes. 

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com

On 2025/11/25 16:16, Marcus Fry wrote: 

> Anyone recently dealt with appointment of a guardian of decedents'
> minor child nominated under decedents' will? 
> 
> [1 [1]] 
> 
> MARCUS J. FRY 
> PARTNER 
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