Legal Question in Wills and Trusts in Pennsylvania

If a parent has primary physical&sole;legal custody of a minor,the child was left beneficiary of father estate.what documents do the parents needs to show the bank in order to be a custodian on the account?


Asked on 11/15/12, 12:44 am

2 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

If the minor was left beneficiary of the Estate was this through a will or through some other designation such as through insurance or other assets that are considered non probate assets. The custody Order from the Court naming the grandparent may helpful. If there was a will did it name a executor , did it have a trust provision for the minor or a guardian provision if so who was the named person he or she may the authority regarding the bank accounts. It may be necessary for you as grand parent to be appointed as guardian for the minor. Your question needs more facts. I suggest you contact an attorney to discuss the situation as it pertains to your situation. if you would like to schedule a consultation with my office then you my contact me at 215 322-2100.

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Answered on 11/15/12, 7:47 am

Its not a question of showing the bank documents. If the child was left money or other assets, it depends on what was there and how it was to be handled. Did the father have a will? Did he create a trust for the minor child? Or did he name a guardian? If so, then the trustee/guardian would handle things.

If, as is more likely, the father did not have a will, who is the personal representative of the father's estate? Again, is what is left to the child probate or non-probate assets? If the child was left something like life insurance money, then you may have to be appointed as guardian for the minor child. Your duty will be to protect and grow the estate (whether its money or land) until the child is 18. Guardians may have to be bonded and file an inventory and at least one accounting with the court.

I agree with Attorney Weinstein. If you are now the guardian of the child and if there is no will or trust naming you, should contact an attorney to help you.

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Answered on 11/15/12, 9:43 pm


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