AboutKris Paden Expertise I will be pleased to answer any of your estate planning questions on topics such as wills, trusts, nomination of child guardians, how to avoid probate, how to reduce or eliminate death taxes, durable powers of attorney, probate, conservatorships, special needs child planning, and elder law. Due to the office being closed from 1/08-4/08 I will be unavailable to answer questions again until appromiately 6/08. Thanks for your patience. Good luck.
Experience Twelve years as an attorney, and trained in Estate Planning at the Law Office of Diedre Wachbrit, APC for fifteen months.
Organizations CA State Bar, Pepperdine Center for Estate and Gift Planning, Tarzana Chamber of Commerce, Tarzana Community & Cultural Center
Publications The Transnational Lawyer, University of the Pacific, McGeorge School of Law Legal Journal.
Education/Credentials Graduated in top 1/3 of class from U.C. Berkeley;
Graduated in top 10% of class from UOP, McGeorge School of Law.
Awards and Honors Undergraduate: Traynor Honor Society
Law School: Phi Delta Phi Legal Society
Question I have been named legal guardian of my sister's two minor children. My sister was married but separated (not legally) from her husband at the time of death. He took possession of the house, which he has not paid any bills on since her death. The oldest child who is 15 was the sole beneficiary of her life insurance policy. The two year old was not listed. Will the policy be held until the 15 year old is 18 or will I be able to use funds to raise the children. For example if the 15 year old wants a car next year, attends private school, wants to go to summer camp, etc. Can I use any of the funds to support the 2 year old with the other child's permission. I.e. childcare, etc. Can I have the father removed as executor since I am caring for the children and he is not maintaining the property.
Answer Hi, Nancy. Thanks for your question. I am so sorry to hear about your loss of your sister.
Unfortunately, this question is too complex to answer in this kind of forum. This means that you need to hire an attorney immediately to help you delve into these issues and reach workable solutions.
I am assuming your sister had at least a Will since you use the terms "legal guardian" and "executor." Also, since you mention a house and life insurance, there were some significant assets. In California, this would mean that Will may need to be admitted into court and the estate administered under the supervision of the Probate Court. It depends on many factors. If there is a court case, you may want to join it as soon as possible if you want to challenge the husband as executor.
If the husband was a joint tenant on the house, he inherited it entirely upon your sister's death and he can do whatever he wants (or not) with the house. If not, under CA law, the kids could have inherited an interest in the house.
The life insurance proceeds go into a custodian account until the oldest is 18 years. The safest thing for you to do is go to court as guardian and have the judge approve any use you have intended for the money.
All of the above issues need analysis of the actual facts, and the law in your State, as well as a consideration of your goals. I have given you some basic information above, but as you can see, I can't give you any real answers. Look into legal counsel in your area, or call the court in your area (or go online) and see if they have a self-help center to get you started. Often times, probate and family law court have staff that can answer some of your questions.
