Legal Question in Wills and Trusts in Arizona
Required Notification to access Restricted funds of a Minor
To Whom it may concern:
I am trying to access my minor Daughters restricted account for a Skin prosthesis for injuries that she suffered in an accident when she was a child,she is now a teenager.I have not had any contact with her father for the past 7 years due to a order of protection that I had placed on him for domestic violence.I do not wish to re-establish any contact with him.I have full custody of our children and I am also conservator of my Daughters funds.How do I get around this notification?
2 Answers from Attorneys
Re: Required Notification to access Restricted funds of a Minor
I cannot imagine that the court here in Arizona would require you to give the father notice of a request to withdraw funds, as they normally do not. If it is required then he would have to be served with a copy of the petition and notice of hearing. If he lives outside of the state the notice and copy of petition can be mailed to him. If you do not know where he lives then the notice can be published in a newspaper.
Re: Required Notification to access Restricted funds of a Minor
In order to properly address the question, it is necessary to know the language of the restriction on the account, e.g. does it provide for any "exceptions" to the notification? does it provide a list of circumstances under which the funds can be accessed?
It may be possible to petition the court for a waiver of the notification requirement, but only if your reason for accessing the funds is appropriate and if you can demonstrate to the court a compelling reason to exclude your ex from notification.
If you would like ot discuss this matter further, please do not hesitate to contact me.
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