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

[Diane Kiepe]

I have drafted a stipulated motion and order where an attorney served as
the GAL for a minor and the judge had no problem signing off on it without
requiring all formal steps. Alas, that was a long time ago and times are
changing.  It did cost a bit extra but, it made my client feel better.

In my opinion, the adult child can serve as virtual rep in my opinion but I
would have the TEDRA spell out that the Agreement is reached* in
consideration of avoiding litigation* under Washington's CIR laws which
potentially would result in nothing to otherse.

Thank you.
Diane Kiepe, J.D., LL.M. Taxation
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-808-2087
Confidentiality Notice: This page and any accompanying documents contain
information that is confidential, privileged, or exempt from disclosure
under applicable law and is intended for the exclusive use of the
addressee. This information is private and protected by law. If you are not
the intended recipient, you are hereby notified that any disclosure,
copying, distribution, or use of the contents of this information in any
manner is strictly prohibited.


On Thu, Nov 12, 2026 at 4:13 PM David Faber <david at faberfeinson.com> wrote:

> 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
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
> information. If you are not the intended recipient, or believe that
> you have received this communication in error, please do not print,
> copy, retransmit, disseminate, or otherwise use the information. Also,
> please indicate to the sender that you have received this communication in
> error, and destroy the copy you received.***
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20261113/0e5ff464/attachment.html>