San Jose, CA asked in Estate Planning and Child Custody for California

Q: Hi my son is a beneficiary of my father in law for his life insurance

Now my father in law passed away then my son is still minor, the insurance ask us court appointed guardian to get my son’s claim. We went to court and they did not help for guardianship estate, we cannot afford to get a lawyer. We dont know what to do to get certificate from the court stating that they appointed us as my son guardian. Please help.the lawyer from probate said we need to fill up some forms but we dont know how to answer everything coz we dont have knowledge about it. And we cant afford to pay for the lawyer

1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: The insurance company is asking for letters of guardianship which can only be granted to a guardian by a probate court. Merely being the parent of a minor is insufficient authority to claim insurance money belonging to a minor.

A court cannot give legal advice, nor can a legal document preparer. You'll need an attorney to represent you before the court. You'll also need to be bondable (i.e., excellent credit history) if you expect to represent the estate of a minor. Don't worry about attorney's fees. They can usually be paid out of the insurance money upon the entry of the court order establishing the guardianship and you as the guardian. Consult with a probate attorney if you have any further questions.

Nina Whitehurst agrees with this answer

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