Legal Question in Wills and Trusts in California

We have been trying to settle a personal injury claim for our son in the amount of $4,000. When the paperwork was submitted to the court, it was rejected becauce it did not have a Guardian Ad Litem included with the Minor's Comp, once the Guardian Ad Letim was submitted, it was rejected a second time because they said that we don't need it.

Can the Probate office reject a Guardian Ad Letim? We have been trying to get this resolved for about 4 months now.


Asked on 12/03/09, 6:36 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

I'm confused with the question itself. If you are the parent of the child, there is no Guardianship required, period. Unless the child has been adopted, emancipated, become a ward of the State or the parents are divorced, I fail to see where this would ever even come into play.

Certainly the Probate Court CAN reject anything it wants, but you might want to ask to see the Probate Attorney on this matter (not a private attorney, but the one that is employed by the Court) and just ask what they want to get the paperwork processed.

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Answered on 12/08/09, 6:59 pm


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