Legal Question in Wills and Trusts in California

Guardianship

My father was killed in an automobile accident in May. He had taken out a like insurance policy and named my eleven year old son beneficiary, with me listed as contingent beneficiary. We were recently contacted by the insurance company and advised that before they would release the fund to my son, that they wanted proof of legal guardianship of my son. I don't understand what I need to do to satisfy their request. Any assistance would be greatly appreciated.


Asked on 12/30/01, 8:38 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Guardianship

A petition needs to be filed to appoint you as guardian. The courts want to look out for minors or other "incompetents".

It's not too hard. Let me know if you would like help.

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Answered on 12/31/01, 1:32 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Guardianship

you need to file a petition in the superior court naming you as the guardian. its pretty routine, I do it all the time.

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Answered on 12/30/01, 8:43 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Guardianship

If there is not one in place already, you would need to petition the court for guardianship of your son's assets. The insurance money would then be placed in your care as guardian for your child.

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Answered on 1/03/02, 2:58 pm


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