Legal Question in Wills and Trusts in California
Minors as Beneficiaries (more info)
My ex husband (married 10yrs-divorced 11yrs) we shared 50/50 custody of our kids and he recently died and left our 3 children as beneficiaries. The oldes is 19 and acting as executor, the other 2 are 17 and 15 and they live with me (their mother). 2 of my ex's friends have been guiding my 19 yr old through this, (as well as she was given an attorney) process and I have been completely excluded from knowing anything. Shouldn't I be informed if there was a will and what my minor children are beneficiaries to? Last night one of the ''friends'' called my 15 yr old son to get his ss#.. he said he was setting up his trust for him. Shouldn't I as their guardian be doing that? I feel like I should be acting on behalf of my minor children and yet I am getting no info from anyone. What can be done? I called the probate court to see if anything has been filed and they said no. It's been 4 wks since the death. I know he had a retirement and life insurance... my minors have been told that the trust will be till age 22. Isn't there some way for me to get more info about my minor's affairs or be the trustee for my own minor kids' inheritance? Thanks for any help out there!
1 Answer from Attorneys
Re: Minors as Beneficiaries (more info)
This added information paints an entirely different picture of the situation.
Contact the life insurance company as the money from that source passes directly to the named beneficiaries and not by probate. Contact his last employer to find out about the retirement funds. Point out to your 19 year old daughter that you are responsible for her siblings and all are entitled to know what the situation is. Tell her you have no problem if her "advisers" sit in on the meeting, but your two other children should also. Read a book on Wills and Trusts [see Nolo Press' books that are written so lay people can understand the process]. Point out to her what she needs to do if she is going to act as the perosn in charge of the Will, including that she can not do anything, if the estate is greater then the $100,000 threshold, until appointed by the Court, which first requires her to file the Will. You can contest her being appointed personal representative of the estate by pointing out to the Court her age, refusal to tell you anything, reliance on two friends without the required knowledge, etc.
Good luck. [not proof read]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
