Legal Question in Family Law in California

Guardian?

My mother was legal guardian of

my niece as my sister could not take

care of her. When my Mother died

she left no will but a life insurance

policy to be divided 50/50 with

myself and her. My wife and I have

been taking care of her and its been

a few years now and we have my

sister in a good place but I'v been

paying for everything but now its

become to much for us so we are

trying to open the life insurance

policy but the insurance company is

saying I need to become her financial

guardian as she and I are on the

policy together, we need the money

so I can get there life's together

started. We also asked if her mother

can open the account but they are

saying it would be the same process.

How much does it cost to become

Financial Guardian of a minor or is

there anything else we can do.


Asked on 6/12/08, 8:33 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Guardian?

What you are saying sounds strange, if I understand you correctly. From what you are saying, it sounds like the insurance company has no grounds to deny you your 1/2 of the life insurance benefits, regardless of the existence of a guardian for the co-beneficiary. At any rate, you should not be required to become the guardian of the estate of the minor in order to get your share of the money. There should be other options available to you and the insurance company, like depositing 1/2 the proceeds into a bank account for the benefit of the beneficiary. Sounds like you are going to need court intervention regardless, in order to get the insurance company to do what it is required. I do not have enough information to advise you as to cost, but would be glad to discuss this issue with you.

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Answered on 6/12/08, 9:40 pm


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