Legal Question in Wills and Trusts in New York

Re: Guardianship of a Minor

That's a good question and frankly I am not sure. The idea is to have someone protect and administer the funds until the children attain majority.

Ask the bank attorney as well as the clerk of the Surrogate's Court in Queens County.

Re: Guardianship of a Minor

You may have been given wrong or misinformation by the New York bank. If you're the natural parent of the children, it makes little sense as to why you should now have to go through some kind of guardianship proceeding in a court in order to claim these funds for your children. Your legal status as a parent with respect to your children already exceeds that of a mere guardian and with that should come your capability to act as their fiduciary for these funds.

You would, I believe, be well advised to contact the executor of your deceased father's estate to

determine how best these funds may be transferred

into your custody for the benefit of your children who are your deceased father's intended beneficiaries.

Re: Guardianship of a Minor

I probably agree with Michael, that as the natural parent of the beneficiaries of the accounts, your parenthood should be sufficient. However, the bank is being technical and many times a formal court declaration is necessary. If this is actually required, it would be a simple procedure in your state of residence, not NY, as they have no jurisdiction over your family. A simple application is probably all that is needed, on a Complaint for Guardianship that spells out the reasons for the appointment and your entitlement to be appointed.

Re: Guardianship of a Minor

First, let me say that if you live in Virginia,

and your children live with you in Virginia, then

your family relationship with your children must

(and can) be done in Virginia by Virginia's courts. (Only NY has surrogate courts. Virginia has juvenile and domestic relations courts.)

Second, I think the bank is wrong. If these are

your children, you do not need anything more

than evidence that you are their parent. A

guardian is someone OTHER THAN a parent who is

given the power of a parent. Technically, a

parent cannot be a guardian because a parent is

ALREADY the parent, and ALREADY has the power of

a parent. Therefore, it is absurd to ask a

parent to show that they are a guardian. It is

enough to show that the parent is a parent.

As a result, I think it would be impossible to

go into any court and get any decision appointing

you as a guardian, because that would only give

you the power of being a parent, which you already are!

The only exception might be if you are divorced

and there is a question about WHICH parent has

primary custody. You might have to prove this.

Therefore, I think that you simply need to prove

to the bank that you are the parent.

And if they won't accept that, then you may have

to sue them to enforce your rights. Most banks

are big enough that you could sue them in

Virginia, not only in New York, if they do

business in Virginia.