My question involves estate proceedings in the state of: Ca
My deceased husbands father passed away earlier this year (without a will) so my 9-year old daughter and my brother in law are splitting the small estate, which consists of a house worth about $150,000. There is an offer on it already, but it will go to foreclosure if this isn't settled soon.
I signed paperwork to turn over my daughter's interests to my brother in law so he could sell the house and then cut her a check from the proceeds. The attorney gave an estimate of $15,000 going to my daughter. At the hearing, the judge assigned another attorney to act as guardian ad litem and give him a recommendation on what should happen. The estate attorney didn't even tell me this so I was completely blindsided by a call from the guardian. She told me that the estimate she received from the estate attorney basically assigned all estate costs to my daughter's share only. This includes the estate attorney's fees, expenses from my brother in law to fly out, cremation of my father in law, and realtor fees (which would go to my brother in law - he is a realtor). Apparently those costs should be shared and reduced my daughter's share by about $6,000. I can see where that would raise concern.
She asked if I would like to be guardian of the estate and I agreed. However, I just received the packet that I have to fill out. It is INSANE. They want all of my personal information, financial information, a report from my daughter's school, an employer report, and three character references. The character reference sheets are three pages long and include questions about whether I abuse my daughter, my marital status, and very, very personal info about me. I absolutely am not going to ask my employer, my daughter's school, or any friends to get involved and answer these questions for a $15,000 estate. Nor am I going to open up our home and lives to a probate investigator. I have a successful career, am a homeowner, and my daughter is starting a very good private school that I sweated over getting her admitted to.
At this point, what are our options? I've told the estate attorney and guardian that I will not fill out that paperwork and am not participating further in this. I assume they will put her money in an account and she will get it at 18. Any other options or requests I should make?
My deceased husbands father passed away earlier this year (without a will) so my 9-year old daughter and my brother in law are splitting the small estate, which consists of a house worth about $150,000. There is an offer on it already, but it will go to foreclosure if this isn't settled soon.
I signed paperwork to turn over my daughter's interests to my brother in law so he could sell the house and then cut her a check from the proceeds. The attorney gave an estimate of $15,000 going to my daughter. At the hearing, the judge assigned another attorney to act as guardian ad litem and give him a recommendation on what should happen. The estate attorney didn't even tell me this so I was completely blindsided by a call from the guardian. She told me that the estimate she received from the estate attorney basically assigned all estate costs to my daughter's share only. This includes the estate attorney's fees, expenses from my brother in law to fly out, cremation of my father in law, and realtor fees (which would go to my brother in law - he is a realtor). Apparently those costs should be shared and reduced my daughter's share by about $6,000. I can see where that would raise concern.
She asked if I would like to be guardian of the estate and I agreed. However, I just received the packet that I have to fill out. It is INSANE. They want all of my personal information, financial information, a report from my daughter's school, an employer report, and three character references. The character reference sheets are three pages long and include questions about whether I abuse my daughter, my marital status, and very, very personal info about me. I absolutely am not going to ask my employer, my daughter's school, or any friends to get involved and answer these questions for a $15,000 estate. Nor am I going to open up our home and lives to a probate investigator. I have a successful career, am a homeowner, and my daughter is starting a very good private school that I sweated over getting her admitted to.
At this point, what are our options? I've told the estate attorney and guardian that I will not fill out that paperwork and am not participating further in this. I assume they will put her money in an account and she will get it at 18. Any other options or requests I should make?
Heirs and Beneficiaries: Guardian Ad Litem for 9 Year Old Daughters Estate
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