A Guardianship is
the legal procedure by which an adult can be given the right to
manage assets and money of a minor. The process continues until the
minor turns 18 in California. At 18, the minor or the guardian can
petition the court to terminate the guardianship.
WHO NEEDS A
GUARDIANSHIP OF THE ESTATE OF A MINOR?
Any
minor who is receiving assets over $5,000.
Any adult who
intends to collect assets of a minor (in excess of $5,000) should
initiate a guardianship of the estate of the minor.
If the life
insurance policy is payable to a custodian, a guardianship proceeding
may be avoided.
WHAT IS A
GUARDIANSHIP OF ESTATE AS OPPOSED TO A GUARDIAN OF THE PERSON?
A Guardian of the
Estate manages money of the minor. A Guardian of the person manages
the daily life decisions of a minor.
HOW TO GET
APPOINTED AS A GUARDIAN?
The process begins
with a Petition for Appointment as a Guardian. There is a court
investigation requirement when the minor is unrelated to the proposed
guardian. Where the guardianship is for the estate, there is usually
a bond requirement, unless the court requires blocked accounts for
the minor.
COLLECT LIFE
INSURANCE PROCEEDS FOR A MINOR:
A Guardianship
petition is filed with the court and upon issuance of the Letters of
Guardianship, the attorney for the Guardian notifies the life
insurance company and arranges for the disbursement of the life
insurance proceeds to the guardianship estate account. The process
takes 60-75 days from the filing of the Petition for Appointment of
the Guardian,
NOMINATE A
GUARDIAN FOR YOUR CHILD WITH A GUARDIANSHIP NOMINATION FORM:
If you are a parent
and have not nominated a guardian for your child in your will, please
contact us and we will provide you with a free electronic
guardianship nomination form. Click here to request the form:
MSirkin@SirkinLaw.com.
PROTECT RIGHTS OF
A MINOR IN A LIFE INSURANCE:
Once you know a
minor is a beneficiary of a life insurance and no custodian has been
named in the beneficiary designation form, you should contact a
lawyer to assist you in protecting the rights of the minor in that
life insurance policy.
PROTECT A MINOR'S
RIGHT TO LIFE INSURANCE PROCEEDS AGAINST OTHERS:
We can initiate
suits to collect life insurance proceeds where there are competing
rights by a minor to a life insurance policy against other persons.
Please contact us to consult regarding the circumstances of your
particular case. Examples of this type of suit may be that the
insurance company does not pay, or is slow to pay the life insurance
policy, or that someone else is claiming the insurance in an
interpleader action.
FORM A
GUADIANSHIP OF THE ESTATE FOR A MINOR:
Call us for a list
of documents we will need to assist you in completing the
guardianship petition process in Los Angeles, California. Contact
here.
Our law office
handles guardianship matters in all Los Angeles County courts. Our
offices serve the following areas: Los
Angeles Calabasas
Woodland Hills West Hills Sherman Oaks Tarzana Northridge North
Hollywood Reseda Van Nuys Burbank Glendale West Los Angeles Pasadena
Studio City Granada Hills Chatsworth Encino Simi Thousand Oaks
Westlake Village Simi Valley Conejo Valley Camarillo Santa Monica
Culver City Venice Agoura Hills Oak Park
West
Los Angeles 11400
Olympic Blvd., Suite 200 Los Angeles, CA 90064 Tel:
800-300-9977 MapDriving
Directions
Irvine 19800
MacArthur Blvd., Suite 300 Irvine, CA 92715 Tel:
800-300-9977 MapDriving
Directions
LAX
area 6601 Center
Drive West, Suite 500 Los Angeles, CA 90045 Tel:
800-300-9977 MapDriving
Directions
Downtown
Los Angeles 445 N.
Figueroa St., Suite 2600 Los Angeles, CA 90071 Tel:
800-300-9977 MapDriving
Directions
Glendale 450
North Brand Blvd., Suite 500 Glendale, CA 91203 Tel:
800-300-9977 MapDriving
Directions
Pasadena 225
South Lake Ave., Suite 300 Pasadena, CA 91101 Tel:
800-300-9977 MapDriving
Directions
.
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