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

Fri Nov 13 11:40:24 PST 2026

Quick question about CIR Laws, the surviving CIR partner would normally
have a ½ interest in the property acquired during the CIR relationship as
if it were community property, but not a community property interest in the
whole; correct?  Then wouldn’t the children have the interest in the other
½ portion of that acquired property?

I can see the adult child waiving the interest in favor of his mother, but
I do not see how the 11 year old could or that a PGAL would (or should).

Or am I getting this wrong?

*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484 (Leave Msg - Will be returned within 24 hours)
Email: Mark at McClureLawGroup.com
Web: www.McClureLawGroup.com <http://www.mcclurelawgroup.com/>

*Notice of Unavailability:*  *TBD*

***NOTE** All visits must be scheduled in advance for access to the
building.  Call *253-631-6484 * to schedule.*

*CONFIDENTIALITY NOTICE:* This email contains legal stuff. If you are not
the intended recipient you could get into a lot of trouble if you read it,
and even more trouble if you tell someone else about it. So, the best thing
to do is ignore it and forget you ever saw it. Thank you.

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Diane Kiepe
*Sent:* Friday, November 13, 2026 10:18 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Intestacy, Virtual Representation, and Committed
Intimate Relationship

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/20261113/109fc349/attachment.html>