Legal Question in Wills and Trusts in Texas

Estate of minor under guardian account under safe keeping removal?

My husband was killed in the war & left part of his issurance to our son (I as well have a portion) . I want to have more access to my son's account, for now anytime I want to access it I have to see my lawyer so that he can draw up some papers to see the judge. Right now the money is collecting about nill per month in a bank my lawyer suggested because he had a friend there & when I asked for $1500 for an annual trip to take my son to see his daddy's grave in Arlington he said we should only ask for $1000. He is not my son's gaurdian I am. I would like to have more access to my son's account without always going to the court is there any way? & Possibly a new lawyer?


Asked on 7/06/09, 4:42 pm

2 Answers from Attorneys

Arthur Geffen Arthur H. Geffen, P.C.

Re: Estate of minor under guardian account under safe keeping removal?

A lot of this answer depends on how much money was left to your son and whether or not your husband's will named you as guardian of the estate of your minor's child assets that he left. You could apply to be guardian of the estate (the money). You (if you are the natural mother) are already considered the Guardian of the Person. IF you are successful in being appointed Guardian of the Estate, you will have to post a bond which can get expensive and you will have annual responsibilities to the court which can get expensive. An alternative if the amount of monies left is more than a couple of hundred thousand is find a texas bank with trust powers that would serve as trustee under a management trust. In return for the bank fees, they take care of all the paperwork. Prior to agreeing to use any bank, you should visit with the trust officers to explain your expectations so that they will be able to tell you upfront the way they would manage it. Hope this helps.

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Answered on 7/06/09, 5:01 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Estate of minor under guardian account under safe keeping removal?

You may not get what you want. There are reasons for having this type of account and the limited access to it that have nothing to do with your current attorney or the bank. You are always free to find a different attorney but that won't change your access to your son's money or the need to go back to the Court.

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Answered on 7/06/09, 6:44 pm


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