How do I petition the court to assign a new custodian for bank accounts that my mom set up for her great grandchildren?

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How do I petition the court to assign a new custodian for bank accounts that my mom set up for her great grandchildren?

I am the executor of her Will but they say that isn’t good enough.

Asked on June 24, 2014 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss. What would happen is that you would have to file the petition to appoint the successor custodian (or trustee in some states) and ask the court to appoint that person. Also included would likely be a declaration and a proposed order and a memorandum of points and authorities in support of the petition. If you have an attorney they can do it.  But if you are doing this on your own then it is possible that you can go down to the Probate Court and ask them which Petition form to use and then go to the library (legal library generally inside the court houses) and ask where the procedural form book is and copy same. You would have to give notice to interested parties, etc. You as the Executor has the power to do all of this.  Good luck.



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