Legal Question in Wills and Trusts in Washington

Do-it-yourself Will & Guardianship of Minor Child

Minor child. Birth certificate states father "unknown". Mother knows who biological father is but does not know his whereabouts, nor is there proof of paternity at this point.

Before child was born, mother wrote out a will & designating guardianship of minor child in succession: maternal grandmother, maternal uncle & aunt, secondary uncle & aunt (whoever is living and/or able to assume guardianship at that point); if no living or able maternal relatives, biological father to be located & offered guardianship. (Understood, paternity probably must be proven.)

Will is signed & witnessed by (2). Question is, is any of this not binding, given circumstances?


Asked on 5/18/99, 4:23 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Do-it-yourself Will & Guardianship

Your scenario raises several questions. But the simple answer is that there is probably no presumptive father. See RCW 26.26.040 at http://www.leg.wa.gov/pub/rcw/title_26/chapter_026/rcw_26_26_040.txt.

There being no presumptive father, the mother is probably the surviving parent under 11.88.080. http://www.leg.wa.gov/pub/rcw/title_11/chapter_088/rcw_11_88_080.txt.

Do be careful, however. You may do ok; but you may also get what you paid for.

Gary Preble

Olympia

360-943-6960

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Answered on 5/25/99, 5:13 am


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