Proof of Guardianship? Calif

[stsoni]

Hi My 19 year old sons father just passed with no will. His father also had a 11 yr old son with a different woman. He was never married so we are assuming both sons should inherit 50/50. An attorney said he will file for my adult son to be executor but they have not filed yet because they are waiting for the mother of the 11 yr old to show proof of guardianship. Both sides are working together on this so things go smoothly but the minors mother does not know exactly how to get proof of guardianship for her son and seems to not have enough time to figure it out. Is there a specific form# she needs from the the LA superior court that proves this? Any help or suggestions would be greatly appreciated.

 

[LdiJ]

Hi My 19 year old sons father just passed with no will. His father also had a 11 yr old son with a different woman. He was never married so we are assuming both sons should inherit 50/50. An attorney said he will file for my adult son to be executor but they have not filed yet because they are waiting for the mother of the 11 yr old to show proof of guardianship. Both sides are working together on this so things go smoothly but the minors mother does not know exactly how to get proof of guardianship for her son and seems to not have enough time to figure it out. Is there a specific form# she needs from the the LA superior court that proves this? Any help or suggestions would be greatly appreciated.

Has anyone asked the attorney why a parent (in this case mother) would have to prove guardianship of their own child?...and asked the attorney specifically what kind of documentation is needed?

 

[Zigner]

Also, the attorney should be asked why this would cause any sort of delay in opening probate (ie: "file for adult son to be executor")

 

[stsoni]

Financial Guardianship

Has anyone asked the attorney why a parent (in this case mother) would have to prove guardianship of their own child?...and asked the attorney specifically what kind of documentation is needed?

After researching I realized she was trying to get proof of custody but what she actually needs to do is petition for "financial guardianship of a minor". They had sent her on a wild goose chase. When she called the attorney's assistant to explain that she only has custody not financial guardianship, the only response was "Oh ok, never mind then." Eventually they told her they would Petition for her after she sends them $1000.00. I will probably download the petition and have her file herself.

 

[stsoni]

Also, the attorney should be asked why this would cause any sort of delay in opening probate (ie: "file for adult son to be executor")

They took 3 weeks to send my son the forms for probate so I thought that was the delay. I realize now that it is a separate petition. My question is if there is no financial guardian for the minor at what point during probate does one need to be assigned? Just before the administrator distributes the inheritance?