Legal Question in Disability Law in California

my ex wife passed about 5 years ago. we had 2 children togeather. she had a life insurence policy for $100000 that was to be given to our children at 18 yrs old. to make sure that they actually got theyre monies.

my daughter has 2 years untill shes 18. my son justin will be 18 on july 11 2010. and should be able to collect his monies. however just because justin has autism they (money holders) are saying that he wont get his monies without me filing for a conservatorship and finantual guardianship... and i believe that is discriminating to him. for one... that money is a gift. that money is his. and they have made clear that i have to have the conservatorship only because i stated i was speaking for justin on phone as he is mostly non verbal. the cost to me in obtaining conservatorship is priced at $3500 which i dont have. cant get. wont get. how can this be? i have been raising my son solely for the past 10 years... and from birth to 4-5 untill we went through divorce. so ive always been his father.. whats changed? please let me know what i can do... i really think this is discriminating to my son justin.. he has just as much right to his monies his mom left for him, this does not replace his mom in his life in no way by no means... but a trip to disneyland was one of the first things we planned for justin.. we cannot afford it ..otherwise. his mom took him every year. i took him twice. my son justin is my shadow. my son is part of me in ways words cannot define... he is i and i am he. its always that way with parents to autistic children. please corrospond as we will be waiting.


Asked on 6/28/10, 11:56 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You can believe what you like, but if the insurance company takes that position, you will have to file the court action if you want to obtain the money for him. You could contact autism organizations to see if they can offer legal help. Or, you can hire a private attorney, who will seek court approval to obtain his fees from the insurance money. If serious about pursuing that, feel free to contact me for that legal help.

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Answered on 6/29/10, 10:15 am


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