Legal Question in Wills and Trusts in Washington

Release of minor's funds

I'm not licensed in your state, but generally speaking this can be done in most states.Contact an attorney there since you will need to make sure you jump through the right hoops.Also, who is holding your son's insurance money? The insurance company? Don't let this happen.You might need to have the court appoint a guardian, and you might also need to file a Petition to Encroach on the trust created for your son... but you definitely need to talk with a local attorney.

Using Minor's Funds

I would ask the same question as Jes: Who is holding the money? And by what authority? I would be surprised if the insurance company paid out a large sum of money merely on your representation that you were the guardian.

You might find the Chapter 11.114 RCW, The Uniform Transfers to Minors Act, to be informative at http://leginfo.leg.wa.gov/pub/rcw/title_11/chapter_114/

In addition, you might find useful Chapters 11.88 and .92 RCW, dealing with guardianship, at http://leginfo.leg.wa.gov/pub/rcw/title_11/chapter_088/ and http://leginfo.leg.wa.gov/pub/rcw/title_11/chapter_092/

Apart from monthly support, you may be able to use the funds for expenditures on the child's behalf. This may assist in meeting the financial difficulty.

All in all you will probably find that hiring an attorney will be necessary.

Another question is the nature of your financial need. Is it major or is it a monthly shortfall? The case of In re Guardianship of Ivarsson, 60 Wn.2d 733, 740, 375 P.2d 509 (Wash. 1962) states:

The law is very clear that it is the obligation of parents to support their children and that there should be no support paid from a child's estate, unless and until it is established that the parents are unable to adequately support that child.

Using a minor's funds for a family disaster

You didn't say WHO is holding the funds for him. If it's the insurance company (or any other institution, for that matter) ask them what they need by way of guardianship, etc., to release some or all of the funds FOR HIS BENEFIT. In my state (NC) these funds could probably only be used for HIS benefit, not yours, unfortunately. However, you may be able to use some of the funds to pay rent or mortgage on the family home, etc. Also, if whomever is holding the funds wants only to release them to a court-appointed guardian, you shouldn't have any trouble qualifying for that, although it may take a little time and effort. See if you can get the forms from your local courthouse, possibly at the Clerk of Court's office. Your son and you may need to consult a lawyer (many will consult for free for the first meeting) to see how best to get at the funds. Obviously your son has/will have funds available to pay the attorney's fee. And, believe it or not, many of us lawyers are quite soft-hearted.