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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18828
Experience:  B.A.; M.B.A.; J.D.
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I recently married. My new wife has a son who is a minor. He

Customer Question

Good morning, I recently married. My new wife has a son who is a minor. He has a part of an estate vested which he needs to draw some funds from for a trip with school. He is not able to because there is no guardianship. My question is since I am now his stepfather am I legally able to be his financial guardian. We live pa. Thank you
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Pa
JA: Has anything been filed or reported?
Customer: There is currently no guardian if that is what mean
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't so.
Submitted: 4 months ago.
Category: Legal
Expert:  Phillips Esq. replied 4 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 4 months ago.

I am sorry, but I do not understand your post.

Why would your stepson who is a minor need a guardian when his mother is there and the Court has not ruled his mother to be unfit?

A parent is the natural guardian of her child. So, I am not sure why you are stating that he is not able to make the withdrawal because there is no guardian.

Kindly clarify.

Thank you for your cooperation.

Customer: replied 4 months ago.
I am sorry for the confusion, I think I may have used the wrong term. I think it should be executor. My step son has an inheritance fund and in order for him to use anything before he is 18 he needs someone to approve it. We were told this when we went to request the funds for his trip. The trip is an educational trip to Europe with his school band.
Expert:  Phillips Esq. replied 4 months ago.

Thank you for the information.

If this is an inherited fund, there should already be an Executor of the Estate. Also, in the Will, there is usually a provision made for any inheritance to a minor. The Testator usually appoints someone, could be a parent as the custodian for the minor's funds until the minor reaches the age of majority. So, the custodian would be able to authorize the withdrawal of the funds.

If the estate is still open and the funds have not been disbursed to a custodian for the minor, then the Executor of the Estate needs to authorize the withdrawal of the funds. If the funds have been released to the custodian, usually a parent, then the custodian needs to authorize the withdrawal of the funds from the custodian account set up for the funds.

Let me know if you need additional information.