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

[Anna Cashman]

I’m not sure how you would get around not appointing a GAL for a minor child if there is an intestate probate.

Anna

Anna M. Cashman
[cid:image001.png at 01DD734A.75526090]
1000 Second Avenue, Suite 3670
Seattle, WA 98104
Tel (206) 382-4414
anna at bc-estatelaw.com<mailto:anna at bc-estatelaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Thursday, November 12, 2026 4:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestacy, Virtual Representation, and Committed Intimate Relationship

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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