Frequently Asked Questions (FAQs)
Alternatives to Conservatorships and Guardianships
I just learned that my 10-year-old is entitled to receive the proceeds of a life insurance policy. Will I need to file to become guardian of his estate?
Not necessarily. A judge can, in lieu of requiring a guardianship, order that the funds be deposited in a blocked account, an account that allows withdrawals only with court authority. The judge can also order that the funds be transferred to a custodian for the minor under the California Uniform Transfers to Minors Act. If the money belonging to the minor does not exceed $20,000.00, the judge can order that the money be held “on any other condition that the court in its discretion determines to be in the best interests of the minor.” Whether a judge will consider such alternatives will often depend on the amount of the proceeds.
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FAQ Categories
- Living Trust
- Living Trusts and Probate
- Funding a Living Trust
- Bank Accounts
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- Medicare and Medi-Cal (Medicaid)
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- Joint tenancy, Community Property, Domestic Partnerships