Legal Question in Wills and Trusts in Washington
Financial Guardianship of minors
My ex husband recently passed away. We have three minor children and I am the representative payee for their survivor benefits through Social Security. He also had a small life insurance policy and my children are named as his beneficiaries. Do I need to get a separate order of guardianship in order to accept their money for them or am I already considered their financial guardian because of the Social Security designation?
1 Answer from Attorneys
Re: Financial Guardianship of minors
Please accept my condolences on your recent loss.
If your children are minors you can contact social security to set up their benefits.
You do not need a separate order of guardianship.
What has changed is that there is no parenting plan or order of child support any more. Your relationship with your children hasn't changed.
If there is other property that needs to pass through probate or an intestacy proceeding, the probate court will want to appoint an attorney as guardian ad litem to ensure the children get as much of your ex's estate as is available. You could ask to be named his personal representative; if he has no other family and you are appropriate, there is no reason why you could not do this. His family may want to handle it.
Life insurance is not a probate asset. Hope this helps. Elizabeth Powell
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