Legal Question in Wills and Trusts in Illinois

What are my rights as a divorced father with court appointed co-guardenship of a 19 year old disabled son. My ex-wife setup a bank account for him and had her name put on the the account so she has always had control of his bank account and I wonder where the money has been spent. Do I have a right to the bank statements to assure that his money is being and was spent as we agreed?


Asked on 5/15/10, 9:22 am

2 Answers from Attorneys

Gregory Turza Law Offices of Gregory P Turza

Re-submit your question under the Divorce law category. The issue is probably determined by the terms of your Judgment for Disolution of Marriage. Better yet, call the lawyer who represented you in the divorce proceeding.

If it were a conventional adult guardianship case and you were appointed co guardian then, yes you would be entitled to see the accounts. Also, periodic accounts to the court are required. But divorce situations will be governed by the Judgment.

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Answered on 5/20/10, 9:59 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

If you are the co-Guardian of your son's Estate, your Letters of Office will provide you with access to any asset in your son's name. Upon your presentation of these Letters, financial institutions will be required to place your name (as well as your co-Guardian's name) in the title of each financial account, and to provide you with regular statements.

Co-Guardianship of an Estate is difficult, particularly between ex-spouses. Usually, both of you have the right to spend and invest your son's assets and both of you are usually responsible for not only your actions, but the actions of your co-Guardian. In such situations, I generally recommend the creation of a court-approved Budget in order to protect my co-Guardian's exposure to potential Court sanctions.

Feel free to call me if you'd like to discuss this further. I won't charge for the phone call.

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Answered on 5/20/10, 10:18 am


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