Q: 22 yo divorced son died unexpectedly, leaving behind a minor child (2yo). Who should handle his estate?
Son's ex-wife had primary custody of their child. There is a small life insurance policy that Joseph's father purchased and paid on continually before his marriage, and it's being put towards funeral cost, however...there will be funds remaining once that's taken care of. There are no other assets to speak of.
Son's father (my husband) wants to set up fund for grandchild with remainder, but we need to know if we have the legal right to do so? Sincehe died so young, there is no will, and his ex-wife isn't exactly good with money...so we worry about her burning through it and leaving our grandchild without what should be his. We'd be more than happy to file as executor's through our local Probate Office. We just want to ensure that our grandchild has what HE needs.
A:
I am really sorry for your loss. I would love to provide a detailed answer, but may need some more information. First, if there was a beneficiary on the insurance policy, then the beneficiary is the owner of those insurance proceeds. I am assuming your husband may be the beneficiary. If so, he could use those funds for funeral expenses and then put those funds into an account or trust for your grandchild as he sees fit. He would have complete freedom as to how to use those funds and does not need to account to anyone for his actions. There would be no need to take any action with the probate court.
The only time that you would need to take action in the court would be (1) if you discovered an asset in your son's name that you could not access, (2) the insurance was payable to his estate or (3) the estate requires a representative to pursue litigation. If you are able to access the insurance proceeds and pledge them towards the funeral costs, then it leads me to believe that you or your husband are named as beneficiary.
If you do need to go to the probate court, you are your son's next of kin and would have the priority to serve as his Administrator. Good luck and again, please accept my prayers and condolences.
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