Legal Question in Family Law in Ohio

I am a 20 year old female. My father passed away in 1996. His life insurance policy was entrusted in my grandfather for me until I turned 18. Due to some family issues I no longer speak to him. Legally can I do anything to receive the money that was left to me?


Asked on 8/22/11, 4:42 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

It depends upon the form of the entrustment. Normally, when a minor is to receive proceeds in Ohio, someone must go to the county Probate Court and set up what is called a Guardianship whereby they take the funds and agree to be responsible for them until the minor comes of age. Normally, to prevent any sort of chicanery with the proceeds, the Guardian must take out a bond (to act as a surety) in the amount of the proceeds so that if the assets are dissipated, then the bond company will pay the amounts back to the rightful recipient and then go after the person who dissipated the funds.

However, it is also possible that the money was put into a trust with instructions that the trustee only turn them over to the recipient for purposes in keeping with the intent of the person forming the trust (your father). For instance, if, before he died, he instructed that the money be put in trust to be used as a college fund for you, and only for that purpose, then to get the money, you are going to have to enroll in school.

Without knowing more detail, I can't really assess your situation. You might want to put $250.00 together and go to a local probate law attorney and buy an hour of his time to give you advice on what to do. You can find one by calling your County Bar Association and asking for a referral to an attorney who practices in Probate Law.

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Answered on 8/23/11, 5:57 am


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