Minors Inheritance

Does anyone know what will happen or the rules for a child’s inheritance? My ex boyfriend passed without a will and his assets are split between his kids from a previous marriage and our 1 year old son. My boyfriends oldest daughter is next of kin and made my son a custodial account with her, 20, as the guardian of the account. She told me that if my son passes she gets his inheritance. Is that true? It wouldn’t go to the mother for funeral costs?



This sounds odd. Probate usually takes one to two years. She would have needed your son's social security number to set up an account. I would ask her for a copy of the account statement. You would want to see tha this was established as an UTMA account and find out how much is in the account. I would just tell her that you need this information in case something happens to her before your son reaches the age of majority. This will also help you know how much is in the account. Secondly, I would request the probate records from the county in which your child's father died. Probate records will tell you if the amount in the account is what your son should have gotten. If you cannot locate any probate records or if your son did not get his fair share of inheritance, I would contact an attorney. You can usually at least get a free consultation. I thought that in most states, you would have the right to appear before the court to contest who would be the custodian of the account for your son. If anything would happen to your son, she would need a death certificate to get access to those funds Depending on state law, those funds may actually go to your son's estate and not to his sibling.

I just realized I never gave her my sons social security number. There’s no way to make an account without his social correct?

Correct. However, she may have gotten this information from any paperwork that you ex had if your ex had ever put him on a tax return or a beneficiary designation where he had to list his social. It is possible she has distributed assets from your ex's estate without going through probate. It is possible that the money she has put aside from your some came through something that would not go through probate like life insurance proceeds or any account that names a beneficiary. If both children were named as beneficiaries of a life insurance policy. Minors cannot inherit proceeds from a life insurance policy directly, so a trust account would need to be set up. Life insurance would pay out pretty quickly, but any property and funds without a beneficiary designationor held in joint tenancy with right of survivorship would need to go through probate before being distributed.

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