Legal Question in Family Law in Indiana
Fathers belongings
Yes, my sons biological father died 4 years ago. My sons aunts said that they have some items that he can have from his father and they started trust fund for him. Now 2 years ago my sons bio. grandmother died, since her passing my sons aunts have not initiated any form of contact with him. I recently wrote a letter requesting my sons fathers belongings, I have not received a response. Can my son legally get his fathers belongings now and can I request the trust fund to be changed over to me? I think they feel that they are not obligated to be a part of my sons life anymore and it would only be fair for him benefit from those things.
1 Answer from Attorneys
Re: Fathers belongings
You certainly should make contact with surviving family members to at least find out what property they claim to be holding for your child. As to a trust fund, depending upon who set it up and how it was set up, you may not be entitled to any information concerning it, as the trust document determines who the trustee is and what benefits a beneficiary has during his life time. You would have to petition the probate court in the county where the trust is located to obtain actual information if the relatives are not helpful. When you speak of a "biological" father of your child, you almost make it seem as if the child had been adopted by a step-parent prior to or since the father's death. If there was an adoption prior to death, then your child no longer inherited from the biological father. If it was afterwards (or never occurred), then there may be "bad" feelings from paternal relatives in that the child no longer visits or has any regular contact.