Legal Question in Wills and Trusts in California

sole heir is minor to custodial parent who was not married to the father

My child is over the age of 10. He has become the sole heir of his father's estate. Though I am not married to his father, we've been in a committed relationship. His family says they must file for executorship and that I must be the conservator and only this. Do I lose some of my custodial rights over my child such as how his money is handled? What should happen if everyone is being amicable to ensure I can make decisions regarding his inheritance now and after he's an adult?


Asked on 9/21/07, 1:49 am

2 Answers from Attorneys

Jeffrey Knox The Burton Law Firm

Re: sole heir is minor to custodial parent who was not married to the father

Your question requires more clarification before it can be adequately addressed. I will try and give you some general information, though.

Did your partner have an estate plan (will, trust, etc.)? If so, these documents will control the distribution of your partner's estate, including who is to be named as executor of the will. If your partner died intestate (no will or trust), then the court will appoint someone to administer your partner's estate. Family members have priority in being appointed, although they can nominate a non-family member (i.e., you) for the position.

If your child is the only heir to your partner's estate and your child is a minor, someone will be appointd to look after his interests. Courts generally look to the surviving biological parent to act as guardian for the child. The guardian takes care of the finances and wellbeing of the child. As to your custodial rights over your child--is your partner's family actually challenging your custody rights? If so, get a lawyer's help.

Again, without more specific information it is difficult to provide you a useful answer. If your partner's estate was large enough to cause dissension between you and his family, consulting with an attorney will be helpful, even if only to stop the family from bullying you around with the money issue. If your partner's family is challenging your custody over your child, get a lawyer immediately.

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Answered on 9/21/07, 12:35 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: sole heir is minor to custodial parent who was not married to the father

His family is right. Your son's inheritance will have to be managed under a conservatorship. People often think the marriage is unimportant, but as you have seen, it is very important sometimes.

Sorry for your situation.

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Answered on 9/21/07, 1:26 pm


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