Legal Question in Wills and Trusts in New Hampshire

Fiduciary/life insurance for minors

After a long battle, i got $46,000 from life insurance of my x-spouse for our two minor children.(10 &13)Court asked me to file inventory yeary to show that i was not spending this money. I did spend $26,000 to pay off the credit cards and home tax. (Everything on the credit card was spent either for children's sports, health bills or lawyer bills, nothing personal for me) I can put that money back when they are 18 because i have enough equity in the house but right now i don't have the money.It did not make any sense to me to pay 29% interest on the cards and struggle that i know i can put that money back when they are 18.

Can they put me in jail or what would happen to me at this point?


Asked on 3/20/07, 10:06 pm

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Fiduciary/life insurance for minors

The point of a guardianship is to make sure that money is available for the needs of the wards (e.g., the minor children). This is why guardians are asked to account for their actions in annual accountings. There are a variety of things which are appropriate expenses for a guardian, and the circumstances are important in determining whether expenses are properly incurred. You should consult with an attorney to address your concerns, and to arrange for a proper account to be prepared. How items are characterized on the account is part of the whole picture, and an attorney can facilitate the process.

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Answered on 3/26/07, 10:02 pm
Bruce L. Dorner Dorner Law Office

Re: Fiduciary/life insurance for minors

I have never seen a judge put anyone in jail on the facts you present. However, taking the money was not a good idea without prior approval of the court. Perhaps you should consider giving a mortgage on the house to protect the childrens' equity position? I do think that you should consider hiring an attorney as this can get quite messy in court.

This is a general response to your question and your particular facts require firther analysis. Do not take my response as the only way to approach this situation.

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Answered on 3/28/07, 12:20 pm


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