Legal Question in Wills and Trusts in California

guardianship over my daughters scholarship

my aunt died leaving a $25,000 scholarship fund for my daughter when she turns 18. My brother convinced my aunt that he needed to be guardian over that trust. My brother has cancer and will probably die before my daughter is 18. How do make sure that trust doesn't go into my brother's wife's assets when he dies? How do I get guardianship over my own daughters trust?


Asked on 10/12/07, 12:48 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: guardianship over my daughters scholarship

This is another confused question.

If your aunt placed $25,000 in trust for your daughter's education, and your brother has control over those funds, it is because he is the successor trustee, not the guardian. You are the guardian of your daughter. The same trust agreement should have provisions for the appointment of a new successor trustee to take over for your brother if he resigns, becomes incompetent or dies.

On your daughter's behalf, as her legal guardian, demand a copy of the trust agreement from your aunt. The trustee, now your brother, is required by law to provide it. Then check the document and see what provisions it has made for the case of the successor trustee's resignation, incapacity or death.

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Answered on 10/12/07, 1:28 am


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