Guardianship of Minor Children

[Burke]

TP's father died and left $$$ to minor grandchildren in a trust. Funds are with big brokerage firm, who is also trustee. They are requiring the TP (the natural mother and my client) go to court and be appointed guardian of her own children. Anybody ever run into this before? Of course, if this is required for some reason, the cost will be paid out of the estate since that is the only reason it is being done and the trust is required due to the terms of the will. It seems a ridiculous waste of time and money, and I have never run into this before.

[JON]

18

Handicapped children when turning 18 you go for that, but I have never seen your situation. Is there some previous marriages? If anotherf legal point get back to us. We may have to get permission from attorneys to go to a ballgames soon.

[Burke]

Ran this by the local Commissioner who is an attorney and to whom we are rendering the estate accounting. No one in his office has ever heard of this, and they do not see the necessity of it. We are going back to the brokerage with the argument. Local account executive did not know why; think this is coming from higher up, but we want clarification and a good reason for it before going to that expense. My personal opinion: deceased was adamant about children's father not being able to get hands on money, specifying this in the will and trust documents, so they are looking for a legal payee for distributions for the minor children? Not sure what a guardianship would give them as a CYA that paying the natural mother wouldn't suffice. Guess they did not read the trust document very well. It specifies all disbursements for the childrens' welfare, education, etc to be made directly to the institution(s)/entity on their behalf.

PS: Both parents are the natural parents. No previous marriages. Will advise outcome.

[taxea]

Maybe someone misunderstood. The court needs to appoint a trustee for the children's money.