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

[Brent Williams-Ruth]

I want to chime in with whispers that I have been hearing from
colleagues/friends who wear the black robe.

When the probate for profit scheme was happening, a lot of the focus was on
the relationship between the attorney and the judicial officer and that
because they were known to the court and very senior members of the bar,
their work was accepted without much scrutiny.

All of this is to say that I can understand the need and desire to avoid
the PGAL situation - but you should prepare yourself for pushback from the
Court to be protecting every beneficiary and following the rules with
absolute precision.

What was done in the past - such as the use of Decline and Consent or
another county using the King County Local Rule for the procedure to access
a safe deposit box - are no longer being accepted by Courts if the law does
not expressly permit what you are seeking.

I share this as the person who has gathered feedback from over 200
different intestate stories since June 11th from across the state in a
multitude of jurisdictions.

Good luck!!!

*Brent Williams-Ruth* (pronouns: he/him)

*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /


On Fri, Nov 13, 2026 at 10:19 AM Diane Kiepe <diane at kiepelaw.com> wrote:

> 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
> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+Spokane+Valley,+WA%C2%A0+99206?entry=gmail&source=g>
> Spokane Valley, WA  99206
> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+Spokane+Valley,+WA%C2%A0+99206?entry=gmail&source=g>
> 509-808-2087 <(509)%20808-2087>
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> 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
>>
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