[WSBAPT] Intestacy, Virtual Representation, and Committed Intimate Relationship

[David Faber]

List,

Client's long-term (but unmarried) partner of more than 20 years died
intestate with about $300k in assets and two children, one of whom is a
minor (11 years old). Decedent's mother and elder child, who is of the age
of majority, is in agreement that everything should be treated as community
property of the surviving parent, but of course the 11 year old is
incompent to sign a TEDRA to that effect. RCW 11.96A.120(4) is unambiguous
that my client cannot act as virtual representative of the minor because of
the inherent conflict of interest, but I read section (5) as potentially
allowing the elder sibling to stand as virtual representative (each child's
interest is substantially identical with regard to the question of whether
the surviving parent has superior claim to intestate assets, and there is
no conflict of interest as between them). Is my read correct? Is there any
alternative approach you think I should consider?

I'd love to avoid the cumbersome process of appointing a GAL and then going
through the process of arguing against the child having a beneficial claim
on the deceased parent's estate if at all possible, of course.

Thank you!

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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