Legal Question in Wills and Trusts in California
Rights of Minor children as beneficiaries
My ex husband 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 I am their parent/guardian. 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 or be the trustee for my own kids' inheritance? The kids are being treated as if they have no living parent right now. Thanks for any help out there!
1 Answer from Attorneys
Re: Rights of Minor children as beneficiaries
You do not tell us how long ago the divorce was, whether he remarried, and what the relationship with your children was. That they lived with their father instead of you and they are no willing to tell you anything strongly implies that it is not a good relationship. They probably do not want you to interfer. How are two minors living on their own? That implies there is a current wife.
You have a right to know whether there is a Will or trust only if you are a beneficiary of one or the other. Politely ask your daughter for a copy and tell her that you will not interfer, and don't. Trust for minor typically run until they ar eno longer a minor, which is age 21.
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