Legal Question in Wills and Trusts in California
My ex husband had full physical custody of our 12 year old son. He resided in Royal Oak, MI and we had joint legal custody and I reside in California. My ex husband died last year and left my son a $20,000 life insurance policy. I went to Probate Court in MI and was given physical custody of my son back. We returned to CA but the Probate Judge appointed a court appointed conservator in regards to the money that was left to him. How do I get the conservator removed and myself appointed? And would I have to petition the court in MI or is it possible to do it from CA?
1 Answer from Attorneys
It's likely a guardianship, not a conservatorship. In California, typically, guardianships are for minors and conservatorships are for mentally incapacitated persons. All legal action here would take place in California, not Michigan, as your son resides in California.
The judge is likely concerned about what may happen to your son's money between now and when he turns 18 - there have been many cases in which the parent of the child who is given control of the money spends it all, leaving the child with nothing.
If you don't need to spend the money on your son's needs, the best thing to do is may be to petition the court to put the money into an interest bearing blocked account, so that the court appointed guardian won't rack up administrative fees and costs. The alternative would be to petition the court to name you as the guardian, but you'd have to file accountings with the court.
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