Legal Question in Wills and Trusts in California

Probate Distribution

death of single parent apparently without a will or trust

parent was legally separated, not divorced.

spouse wherabouts remain unknown

no known spousal or child support occurred.

Deceased details:

2005 bankruptcy

some debt to creditors including IRS

minor assets

some life insurance and or annuity

surviving minor child, 17 years, turning 18 this year.

I believe surviving child is named as beneficiary on all insurance policies and death benefits

Question 1:

what are the possibilities and strategies available/allowed by law to allow the child to receive the benefits instead of the separted spouse?

Question 2:

what exposure does the minor child have to creditors now and in the future when the child turns of legal age?


Asked on 6/06/06, 10:59 am

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Probate Distribution

This sounds a little too complex to be answered via email postings. You need to meet with an attorney.

Read more
Answered on 6/06/06, 11:47 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Probate Distribution

these questions involve both family law issues and probate issues and depend upon the facts and the relevant documents and agreements (marital settlement agreement, life insurance policies, etc.)

you will need to consult an attorney.

Read more
Answered on 6/09/06, 1:54 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California