Legal Question in Wills and Trusts in Washington
probate
my ex mother in law has legal custody of my daughter.she passed away so does my daughter have any claim to her estate.that side of the family wants me to hurry up and get custody of my daughter because they cant close the estate until i have custody i know there is a house some cars and a retirement fund.my daughter is not in the will it just seems weird that they cant close the estate until i take custody o f my daughter.this is a king county case in washington state.so my question is does she have any claim to the estate and why does someone have to get custody of her to be able to close the estate.
1 Answer from Attorneys
Re: probate
How did your ex-mother-in-law have custody? Was it guardianship, 3d Party (non-parental custody), a power of attorney for certain actions? Under some of these actions another person is clearly charged with the custody of the child, e.g. typically in guardianship a standby guardian is named. I don't from the facts you have provided see why they can't proceed to close the probate estate, but there are I am sure facts that are not provided in your question.
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