My fiancé suddenly passed in April 2020. We have a 3 year old son together. He had no will and all of his assets were in his name only since we were not married yet. Fiancés mother got a lawyer and is asking to be power of attorney in probate court. She also had me sign a paper saying she needs conservatorship in order for him to have a trust set up. This is all rather confusing. She also mentioned that our home must be put up for sale/all assets liquidated because of probate. Then, she said the sale of our home would go toward a new home but I don’t understand how that’s possible if everything is supposed to be going into a trust. I am not sure what to do, do I have no rights since we were not married? Also shouldn’t I be the one making decisions for my son? Or, does she get to because she says she’s next of kin? Please help!
A probate court does not award either a Medical or a Durable [Financial] Power of Attorney. Those are granted by one adult to another. As your child's parent, you are his natural guardian. It is not clear what you signed but it is not at all necessary for someone to become guardian of the estate (conservator) to establish a trust. She is not your son's next of kin: you are. Contact a local probate lawyer and preserve your son's rights and your own.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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