Legal Question in Wills and Trusts in Washington

Only son vs. Parents of father

My girlfriend had a son with her ex-boyfriend. They never married and he has only one son. The father/ex-boyfriend died about a month ago in an accident without a will. My girlfriend was told by someone that her ex-boyfriend's parents were the ''next of kin''. The parents arranged a funeral in Wyoming and have seemingly taken control of the estate. But, it is small, no real property, just stuff in a 2-bedroom appartment and a truck. We estimate the value of all his stuff at less than $12000. His current girlfriend (they had been together for 6-months, but the funeral card said she was a fiance) still lives in the apartment and has been supposedly packing up everything to go into storage for the parents. She says his son can come get his stuff any time (his son had a room there). My girlfriend/the mother of the dead ex-boyfriends only son has been kept out of the loop.

Is not the son entitled to everything, and therefore should not my girlfriend be acquiring all of her ex-boyfriend's stuff for their son? Does she need to start a probate for sure a small estate? Do the parents have any rights? Was this botched from the beginning and my girlfriend been the one arranging the funeral? What should she do?


Asked on 2/17/06, 6:53 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Only son vs. Parents of father

Well, first rule of this universe it to pick your battles very carefully. Washington is the easiest state in the country to do a probate, and there is a special statute for estates with no real property (land) and a value under 60K.

You are correct that ex-BF's child is his sole heir, not ex-BF's parents.

What I'd be concerned about is this: your GF's child should have some sort of a relationship with his father's parents. it would be a good idea to foster that by making sure that the child's belongings and his dad's mementoes are available to the child for when he is older.

Opening a probate would solve the issues of who paid for what and get the truck title transferred.

I'd also be interested to know what sort of accident caused his death, as his child may have a cause of action against that person or entity.

If you want some help sorting this out you can call me. Elizabeth Powell

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Answered on 2/18/06, 11:52 am


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