QUESTION
How can I be a temporary guardian to my minor daughter for her to get the death benefits?
Asked on Nov 18th, 2013 on Estate Planning - Michigan
More details to this question:
My daughter, who is 16 received an inheritance (death beneficiary) from her uncle (my brother) and the Insurance company has stated that I need to become a temporary guardian for her to receive funds? My question is, how much will an attorney typically charge to handle this for me? I looked into it on our county probate court website and it costs $121 just to file the paperwork so I want to make sure they are filled out and handled correctly so it is done right and does not have to be repeated. Thanks!
11 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If this is a Michigan matter, guardianship is not what you need. You would need to be appointed conservator for your daughter. The filing fee alone on this would be $150. The court will appoint a guardian ad litem (GAL) to investigate and make a recommendation to the judge. The estate would be obligated to pay the GAL fee, as well. This could easily be $200-2,000, depending on the situation. You will also need to get a bond, in all likelihood, unless the court simply orders the funds locked down and gives you no access to them. An attorney would be a really good investment, if there are significant assets in the account.
Answered on Nov 21st, 2013 at 10:02 AM
Since you are the child's mother, you can't also become her guardian. A guardian is someone who serves in place of a parent. However, it may be, since your daughter is still a minor, that the insurance company is asking you to serve as the trustee (overseer) of a trust that will hold that money in safe-keeping until your daughter reaches the age of majority If that's the case, a bank can probably help set up the trust for you.
Answered on Nov 19th, 2013 at 4:30 PM
Edwin K. Niles
You're lucky. In L.A. County, the filing fee is around $400. If it's a small amount, under $5,000, they will usually pay it over to you. Otherwise, you have two choices: Open a guardianship or place the funds in a blocked account. Either will require going to court. With the help of a 'do-it-yourself' book, you might be able to do it, but most people would hire an experienced lawyer.
Answered on Nov 19th, 2013 at 4:30 PM
Contracts Attorney serving Auburn, WA
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Singletary Law Offices, PLLC
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I a sorry for your family's loss. What you need to is to petition the court (in the county in which your daughter resides) for Limited Guardian of the Estate for your daughter. Depending on the amount of the inheritance, and because your daughter is already 16, the funds would likely go into a blocked, interest-bearing bank account for your daughter until she turns 18. I am curious what county you are in, but King County filing fee for these matters is $240. It is hard to determine or estimate what an attorney would charge to assist you in a guardianship matter. Some attorneys charge a flat fee for guardianship while others will charge hourly to represent you or hourly for you to handle the matter with the court yourself but review and advise on documents on an "as-needed" basis.
Answered on Nov 19th, 2013 at 4:30 PM
A temporary guardianship can cost $2,000 to $3,000 to set up and annual costs of about the same to prepare reports to the court. Usually a trust would be much less expensive. You could ask the insurance company if it will release the funds to a trust for the benefit of your daughter.
Answered on Nov 19th, 2013 at 12:27 PM
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Each attorney charges differently. Call a couple of attorneys directly and ask them for their rates.
Answered on Nov 19th, 2013 at 12:27 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Are you in Oregon? If you are, the insurance company is confused. You don't need to be your daughter's guardian, you need to be her conservator. Your filing fee amount seems low, too, I'm thinking you're not in Oregon. If you happen to live close to a law school, see if they have a legal clinic. The students can do the job of helping you with the petition.
Answered on Nov 19th, 2013 at 12:27 PM
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This is not a one-time filing. You will need to file annual reports and annual accounting. If you are in Clark County, Nevada, I urge you to take the Public Guardian training class. You may contact them at 702 455-4332 to schedule a time. Fees are generally charged on an hourly basis.
Answered on Nov 19th, 2013 at 12:26 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Please obtain the services of a probate/guardianship attorney to assist you. This process is not easy and is very detailed. The attorney should charge you, meaning the funds to be received, an hourly rat for; his services, to be approved by the court, from the minor child's share of the proceeds; lastly you as the guardian will have to be bonded, so as to protect the child's funds, and the funds will probably be order to be deposited in a blocked savings account.
Answered on Nov 19th, 2013 at 12:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to contact local firms and ask them. Rates vary depending on where you are and even in locales, so your best bet is to get a few referrals from the bar association and talk with the attorneys.
Answered on Nov 19th, 2013 at 12:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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For such services most attorneys charge by the hour, $250 to $300, which would normally be paid out of the inheritance.
Answered on Nov 19th, 2013 at 12:25 PM