Legal Question in Wills and Trusts in California
My daughter age 13 received part of my husbands life insurance when he passed. His life insurance was split 50-50 between the two of us. I had to get guardianship of minor estate for her to receive the payment from the life insurance company as they would not pay to a minor. After I received the guardianship papers, I sent it to the insurance company and then they sent her payment to us. It was placed in a blocked account. Court is coming up for accounting and the insurance company did not file a form GC050 with the court yet. Its been a year. I am going to court to do the yearly accounting but do I let the judge ask for the form or do I request the insurance company send it in. Or will my accounting for her estate be enough for our court date? Located in Sacramento, California.
2 Answers from Attorneys
Judges do not request information. Tell the insurance company that you need the form or the court might hold them in contempt. I do not know the procedures for a guardianship account but make sure you have told the judge and provide all the information and evidence you can and he/she will not blame you for any lack of information.
Since the matter is in Sacramento, you will be able to access the probate examiner notes online through CCMS to see if that is a "needed" matter that has to be cleared before the hearing. The notes are published usually a few weeks before the hearing. If it does appear as a needed matter, then you should contact the bank and tell them to file it as soon as possible. If you have already filed a receipt for blocked account, then the court has the evidence that the funds have been deposited with the bank.
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