Legal Question in Wills and Trusts in Arizona
I am my 8 year olds mother and conservator...what can I do?
My late husband and I were separated so he made our daughter his beneficiary. Three days later he was killed.(motorcycle-drunk) I was left with all the debt, and our daughter got $250,000.00. I was the primary income producer and owned all our assets before our marriage. I am now disabled (MS). My problem is, when the conservatorship was set up the judge ordered that I would only have to do biannual accountings, I could use the interest from the trust and her social security as I saw fit for her benefit and enrichment. Four years later now, there is a new judge. He wants annual accountings and to lock up the trust. I used her interest for lessons,summer camp,learning vacations,orthodontia,etc. My daughter has tested as gifted. She needs alot of mental stimulation. What can I do? If he does this I will be forced to raise her on her $6,700.00 SSI. I desparate and can't find anything like this on the web.
1 Answer from Attorneys
Re: I am my 8 year olds mother and conservator...what can I do?
You should be able to use the 250,000 for your daughter's benefit. The part of the judge's ruling regarding the annual accountings is ok. Locking up the trust is wrong.
There must be an attorney appointed to represent your daughter, as there is in all conservatorships. You should consider petitioning the court, with the support of your daughter's attorney, to allow funds to be used for her benefit. If you need an attorney to assist you, the attorney can be paid out of the conservatorship funds.
I know this is an awful situation for you. If I can be of any assistance, feel free to call me at 480-624-2779.
Bob Lord
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