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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
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what is north carolina for proof of guardianship for my minor

Resolved Question:

what is north carolina for proof of guardianship for my minor daughter. trying to get her annuity from her grandmother.
Submitted: 1 year ago.
Category: Family Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, so you are looking to get documentation to allow you to get your grandmother's annuity?

meigs004 :

For your daughter?

Customer:

Yes, it is my daughters grandmother, my mom. She set up with ING. life and annuities. My mom name her beneficiary. Since my daughter is a minor. i need to submit court paperwork showing appt of the minor's guardian or conservator, as required by each individual state's regulations. I want to know what that means and what is North Carolina's state's regulations.

Customer:
meigs004 :

Ok, I understand now.

meigs004 :

Thanks for that clarification.

meigs004 :

One more question. Are you looking to apply to be your daughter's guardian/conservator, so that you can withdraw the funds in the ING annuities?

meigs004 :

If that is your question then you are correct, most corporate entities that do annuities require that for a distribution to a minor as beneficiary that an individual be appointed conservator to hold said money in trust until the minor child reaches the age of majority. In order do so you will have to petition the probate or chancery court to appoint you as said conservator. This is done in some jurisdictions by simply going tot he probate court in your county and requesting a standard form from the clerk's office which is titled either application for conservatorship or petition to be appointed conservator. The petition will state the reasons you seek to become conservator over the minor child's estate, and when the conservatorship will terminate.

meigs004 :

As stated, conservatorship is established by petitioning the court. The petition can be filed by the person to be protected, or by any person interested in the estate, affairs, or welfare of the protected person. This appointee could be a parent or guardian, or by any individual or entity adversely affected by improper management of the property and affairs of the protected person.

meigs004 :

In this case their would be no reason to appoint you as a guardian as well as you are already the biological mother of the minor child entitled to the funds.

meigs004 :

In order to be appointed conservator you will have to fill out form 540.

meigs004 :

You can find that form at this link.

meigs004 :

If this answers your question fully, please provide a positive rating by clicking the smiley face and submitting. If you have further questions please feel free to ask them.

Customer:

We are trying get to get the lump sum. We are in Johnston County. Can I do this at Clerk of Courts and it is the same form. Or can I get this on line. When I was talkinf a lady at the court house. She act like she didn't know what I was talking about.


 

meigs004 :

Yes, it is probably the same form, it is most likely a statewide form, but that is the only one I could find in North Carolina available online.

meigs004 :

And yes you can do it at the Clerk's office, but you will probably be directed to the probate court clerk's

meigs004 :

Do you have any other questions?

meigs004 :

If not please do not forget to provide a positive rating by clicking the smiley face and submit. If you have further questions please feel free to ask them!

Customer:

after I get this all done. Will be able get the lump sum from this company. I want to open a some kind account at my bank for my daughter. A account that she cant get to until she turns eighteen

meigs004 :

That answer truly depends on AIG and the terms of the annuities.

meigs004 :

But yes, as conservator, you will have to take the money and place it in an account as a trust.

meigs004 :

Did this not answer your question?

meigs004 :

You did not provide a positive rating.

meigs004 :

Is there something else that I can help you with?

Customer:
meigs004 :

That one did not come through, can you try to repost that.

Customer:
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience: I am well equipped to handle any family law problem you might have.
Meigs and 6 other Family Law Specialists are ready to help you

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