Deceased parent - Child trust account

Discussion in 'Family Law Forum' started by Kathie, 11 June 2019.

  1. Kathie

    Kathie Member

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    Hi Everyone
    I hope someone can help.
    I am asking on behalf of a third party.

    Four people involved
    - Father - has legal custody over 2 year old
    - Mother - deceased and criminal investigation ongoing
    (mother and father's relationship ceased 8 months
    prior to mother's death)
    - Maternal grandmother - next of kin of mother
    - Daughter is 2.

    The grandmother is currently sorting through all the
    mother's estate and is lodging for probate today.
    The mother did not leave a will, but has in the estate
    superannuation, life insurance and other funds.
    The father has a history of negative financial
    actions including garnishees, gambling, etc.

    The Grandmother wishes to set up a trust fund for the
    granddaughter for her to receive when she is of age.
    However, everything she is researching states that
    the father (even though the parent's relationship
    was over) receives all the trust on behalf of the granddaughter.

    Can anyone advise on how the maternal grandmother
    is able to set up a trust for the life insurance, super annuation, etc
    to successfully go into a trust account for the granddaughter
    for when she is of age without the father having full access.
    The grandmother wishes to make a 3 co-signer account
    with the father as one of the signatories.

    Thanks
     
  2. Tremaine

    Tremaine Well-Known Member

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    Speak to a lawyer. This is something you don’t want to gamble with based on advice from strangers on the internet.
     
  3. sammy01

    sammy01 Well-Known Member

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    Yep speak to a solicitor.
    Post in the 'wills estates and planning' section. This is family law and I reckon your question is more relevant to that forum... I have no idea about that part of the law, but maybe someone that reads that forum might help.
    BUT real legal advice is better than punters like me on a forum like this
     
  4. Alert

    Alert Well-Known Member

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    Totally agree with Tremaine, get onto lawyer who specifically specialises in this field. Intestate ‘IN TEST ATE”, sounds as though what this is, someone who has passed away without leaving a Will. From reading your post, it does not sound as though the mother had a Will. Get a solicitor ASAP
     
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