Legal Question in Wills and Trusts in California
My ex husband had full physical custody of our 11 year old son and we had joint legal custody. He died in February of this year and left my son a $20,000 life insurance policy. My ex-husband and his girlfriend were living together and they resided in Michigan while I live in California. His girlfriend petitioned and was granted guardianship of my son while my son's grandfather(my ex's father) was appointed the conservator of the money from the life insurance left to my son. Five weeks later I get a petition in the mail stating the girlfriend wants to terminate the guardianship so I fly out to Michigan and the Probate court terminates the guardianship and gives me full physical custody of my son back. They also removed my son's grandpa as conservator because he wasn't disclosing all the money etc. and they appointed a court appointed conservator. My question is how do I go about having her removed and myself now appointed conservator for my son since we are now together and living in California.
2 Answers from Attorneys
You will need to consult an attorney in Michigan about removing the court appointed conservator.
In California, you would be appointed guardian of your son's estate. Typically, you have to be appointed guardian before the other state's proceedings are terminated.
You should also discuss with the Michigan attorney whether there are other procedures available in Michigan for the funds such as a Uniform Transfers to Minors Act given that the value of the policy was only $20,000.
Along with Jennifer Rouse answer, I suggest you obtain an attorney who specializes in guardianship/conservatorship proceedings in the probate court, as these types of proceedings are very exacting in paperwork, and the filings be very accurate and timely.
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