How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Brandon M. Your Own Question
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12328
Experience:  Attorney experienced in numerous areas of law.
Type Your Legal Question Here...
Brandon M. is online now
A new question is answered every 9 seconds

My niece died recently and left everything (retirement, savings,

This answer was rated:

My niece died recently and left everything (retirement, savings, money market, etc) to her 10-year old son. She and his father have been divorced for about 10 years. She had been living with a guy for almost 8 years but they never married. Her son is now living with his father. What can my niece's mom do to prevent the father from trying to access funds in these accounts? She did not leave anything written to prevent her ex-husband from overseeing or takeover the accounts.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. Has your niece's mother looked into filing for "guardianship of the estate"? Guardianship of the estate awards to someone control and management of the finances of a minor. Occasionally, there comes a situation where a minor's day to day needs can be cared for by someone, but (for whatever reason) their assets need to be managed by someone else who is not the child's parent.

Brandon M. :

A guardianship of the estate may be requested and awarded through the county superior court's probate division. You can contact the courthouse of the superior court in the county where the child resides and ask to speak with the clerk of the probate division. The clerk can provide you with a forms packet to request a guardianship of the estate.

Brandon M. :

Let me know if further clarification is needed. Thanks.

Brandon M. and 9 other Legal Specialists are ready to help you

Related Legal Questions