Probate

[Adak]

Alaska
Deased (Wife, Mother) left a will. (Husband,Father) going through Probate, submitted will with application and it was accepted by court. (Husband, Father has "Letter Testamentary" from the court to close the estate.
(Wife, Mother) stated in her will that (Husband,Father) to receive entire estate, (which is a low amount and not subject to estate taxes, as it is under $600,000.00).
The minor child has one bank account that the mother was signed on and the father signed on the other.
The bank is demanding a document from the court that the father must get custodianship for his own son, to be on the bank account that he was not signed on.
How do you petition the courst for custody of your own child that the father has always had custody of? In the wifes will it states that her husband to have custody of her children. He has always had custody of the children with her.
So what is it that the (Husband,Father) must do? What is the document he request of the court for this matter??
The bank wants a custodianship document. The bank references a state statue that I reserached on the internet that has all of the State Statutes, and the code is for a minor child that has no liveing parents, or no living custodian. Then an individual must peitition the court to get custodianship for said minor. This cannot mean that his own father must petition the court for custodainship from himself to himself?? Any help would be appreciated.

 

[ALawyer]

Speak to someone at the Bank who can explain why they need something from him. It makes little sense to me UNLESS he wants to take that money out now, in whch case the bank may be afraid he might in effect misapply or steal the money and deprive the kid of it, and the kid could come back and sue them when he turns 18 or 21. He should explain to the bank what he wants to do and ask the bank to suggest how he can do that without going to court because of the expense involved. If he has a lawyer, usually a simple call from the lawyer to the bank could resolve this.

 

[constantsorrow]

I had a similar problem. My father recently died. My brother's college education money was in a custodial account administered by my father (mother is incapacitated in a mental institution). My brother was 22 at the time. With a death certificate we could not claim it. I was told that I need to be appointed custodian of my 22 year old brother!!! Give me a break!!! Finally, with Letters Testemetary in hand and about three hours of sitting in a bank writing dumb notes such as "I hearby appoint my sister to be my custiodian. I am 22 years old and therefore legally allowed to do so" we got his college money. I saw your note and just felt like sharing. Good luck!

 

[Adak]

Alaska
Deased (Wife, Mother) left a will. (Husband,Father) going through Probate, submitted will with application and it was accepted by court. (Husband, Father has "Letter Testamentary" from the court to close the estate.
(Wife, Mother) stated in her will that (Husband,Father) to receive entire estate, (which is a low amount and not subject to estate taxes, as it is under $600,000.00).
The minor child has one bank account that the mother was signed on and the father signed on the other.
The bank is demanding a document from the court that the father must get custodianship for his own son, to be on the bank account that he was not signed on.
How do you petition the courst for custody of your own child that the father has always had custody of? In the wifes will it states that her husband to have custody of her children. He has always had custody of the children with her.
So what is it that the (Husband,Father) must do? What is the document he request of the court for this matter??
The bank wants a custodianship document. The bank references a state statue that I reserached on the internet that has all of the State Statutes, and the code is for a minor child that has no liveing parents, or no living custodian. Then an individual must peitition the court to get custodianship for said minor. This cannot mean that his own father must petition the court for custodainship from himself to himself?? Any help would be appreciated.