Accessing Bank Accounts Left to My Son

I'm revising this post, because on the last post, I rambled on too long, and didn't even get my question right -- also, since then I've did some research that helped me understand the situation better.

Anyway, I'm a single father, who has Sole Legal Custody of my 13 year old son. When his Maternal Grandmother died, we found out that she had set up a couple of bank account for him. One, of a very large amount, is set up so that he can't access it until he's older -- even if she was still alive, she couldn't access it without a Court Order.

The other account, of a much smaller amount, that he could access now, if she would have name a Successor Custodian to the bank.

From what I've read on various web sites, during the last day, this would fall under the California Uniform Transfers to Minors Act, Section 3918d, which says that in the case of the death a Custodian on a minors bank account, if minor is under 14, the Guardain of the minor becomes the Successor Custodian to the account. It seems that, at least for this account, there should be no need to Petition the Count, to appoint a Successor Custodian. The bank should just recognize the Parent with Custody of the minor, as the Successor Custodian of the account.

It seems that most of the States also have a simular stipulation in their Laws.

Can anyone give me their interpitation of this situation -- am I way off track? or, if I'm right, what would be my next step?

It appears that your son (as long as he is over 12) has to file GC-210 http://www.courtinfo.ca.gov/forms/fillable/gc210.pdf (I am of course assuming you are in CA because you mentioned Fresno). You will need to check off at the top where it says Petition for appointment of Guardian of Minor and Estate.

Here is a link to an informational pamphlet: http://www.courtinfo.ca.gov/forms/documents/gc205.pdf

And more info here: http://www.courtinfo.ca.gov/selfhelp...p/overview.htm

Remember that this is a tricky subject and you will want to consult with an attorney to avoid any problems but I hope all this info helps point you in the right direction.

Thx for your repay

Ok, on the Guardianship Pamphlet, it says that, "Guardianship is a court process by which a person "other" than a "Parent" who is given custody of a child or authority over a child's property." .... and I am his Parent and have Sole Legal Custody of him. Doen't that mean that I'm already his "Guardian" in the eyes of the Court -- they're the ones who gave me Custody of him, it's filed with the Court and everything . Isn't there a different form that I should file, that would be more appropriate for our situation?

I do understand that he will probably not be able to access the large account until he's older (18 or 21, depending on if his grandmother specified), but, they will not even give us any information on the account, like, did she specify the age when he can have access to it, or how much is really in this account, and who is the Custodian on the account after his Grandmother died??? The bank is the one that told me that we need to Petition the Court for an order, just to get these kind of answers. There is no way that I could afford an attorney to make me up a form that would work.

Putting aside the larger account (because he may be 21 before he even knows how much is actually in there , there has to be an easier way to access his smaller account. The CD has matured, and if he was over 14, he could walk into the bank tomorrow (with a Parent), and withdraw all of it, if he wanted to. All the bank is asking now, is that someone be named a Successor Guardian (or Custodian is a better name for it). This shouldn't have to take the Courts to appoint a Guardian to his entire estate, this will only take a Judge to appoint a Successor to this specific account, and me, having Sole Legal Custody of him, and his Mother being worthless and losting all Parental rights to him, you would think that there would be no other choice in the matter. We just need to find out what Legal Form(s) we need to file with the court. The County Clerk (Fresno CA) told us that they had no forms to cover this type of situation, and I'd have to make one up myself, but it would be best to hire a Lawyer, so that it was done correctly. There's not enough in this smaller account to even pay a Lawyer fee.

But, someone out there has to have been in or helped someone with a simular situation, and can direct me to a sample, a guide or some reference materials on how it should look, what information should be on it, and what other documents we may need to provide the Court -- even if the sample is from another State, we can adapt it for California????