Do I need a lawyer to file for Guardian of Property over my three children? My children ages (6, 10, 13) received an inheritance after their grandmother passed away. The insurance company is requesting a Guardian of Property. We would like to put the money away until they reach 18. Can I do this without a lawyer? What are the steps? Please advise? Thank you.
2 Answers from Attorneys
Many courts require an attorney, but not all. Contact the clerk of court - probate division in your county.
Essentially you will be petitioning to be the guardian of the estate of your children. The money will be deposited in judicially monitored accounts (no withdrawals without court order) unless it is a very large amount in which case some sort of investment vehicle may be necessary.
Contacting a local probate attorney is probably a good decision, the fee should not be large and it will save you a lot of time and heartache dealing with the court system. This is especially true if the sum is large (over $10,000).
Your best option may be to use an attorney to establish the guardianship, but go on your own as far as future reporting or requests to use funds (unless it is a request that may be more involved). Unless you want to cover it, the attorney's fees should come out of the guardianship funds.
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