Legal Question in Wills and Trusts in Washington

son's father passed and no will

my son's father passed and had no will. we found out that my son who is 21 has a half sister who is under age. we have been told that seeing that no will was left. that there can not be a trust fund set up. so as it stands now the girl's mother and her lawyer are in charge of his siters money. howv can my son, who is in the navy make sure his sisters funds are safe, and do not end up in the wrong hands


Asked on 9/30/07, 9:05 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: son's father passed and no will

If there was no will, and the man died while domiciled in WA, the intestacy statute kicks in and the man's property goes to his children. If the surviving heirs are minors, then the Court will appoint a guardian ad litem to manage the minor's trust fund until they come of age and can take the principal.

Your son needs to know whether and where an intestacy action is happening. The man could not disinherit his son without a will (in WA, at least, and likely other states as well).

Your son needs an attorney in the same county where the mother and the lawyer are, in order to assert his rights. It's his money, too.

My experience dealing with service persons is that they are available with email at minimum. I always prefer to hear from the client, not the client's mother or girlfriend.

Best of luck with this problem. Always remember to be careful when people tell you something benefits them, to your detriment. There is a huge problem with what you were told - people die all the time leaving an estate and minor children. The law has always had a method to address this issue, and it is not by saying "oh, it cannot be done".

Somebody needs to be dealing with this on your son's behalf.

Elizabeth Powell

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Answered on 9/30/07, 10:34 pm


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