Legal Question in Family Law in Washington

If a child inherits money from a relative through a company and they say they need a letter of guardianship why isnt the birth cert -tax info and a letter notorized saying they are the parent enough. It cost a lot to have an attorney do this and they dont have the money for this. The children are minors?


Asked on 2/15/10, 5:53 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

I'm not sure about the structure of this inheritance when you say it is through a company, but suffice it to say, a birth certificate and who claims a child on taxes is not proof of guardianship. For example, a man can be a child's father and have no visitation, guardianship, or access to see the child and yet still be able to claim the child on his income tax returns as part of a child support order that allows this.

If the child's parents are married, then they ought to execute affidavits saying that they are married, are the child's parents and guardians, and that they child resides with them. That ought to satisfy anyone. If the parents are separated or divorced, then whichever is the child's legal guardian in their custody orders ought to execute such an affidavit and the other parent should as well to back up the guardian parent, and a certified copy of the parenting plan ought to be provided as proof. That's it as far as I can tell that anyone in the world would need.

Otherwise, if for some reason these don't work, ask this company to spell out what would satisfy them and do that if possible. And if none of that works, then I am afraid you are simply going to have to resort to hiring a lawyer.

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Answered on 2/21/10, 5:30 pm


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