Legal Question in Wills and Trusts in California

estate of a minor

My son recently died leaving 1/2 his life insurance to his son. He had a daughter and had never gone to change the insurance so that 1/4 of that 1/2 went to her.

What can my daughter-in-law do and how does she obtain Guardianship of her children's estate? She wants to put it in a fund to obtain interest for future college use.

Thanks


Asked on 3/01/98, 4:01 pm

1 Answer from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Guardianship of estate

She should see a local attorney about petitioning the court to be appointed guardian of your son's life insurance proceeds.

She should first check with the insurance company, though, to see whether your son named anyone as custodian/guardian of that money on the beneficiary form. Also, regarding her daughter, she should ask whether the life insurance policy makes adjustments for children born after the beneficiaries are changed (probably not, but it's worth a try).

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Answered on 3/04/98, 4:50 pm


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