What is required for me to establish guardianship of my 2 minor children so as to make them eligible to collect the life insurance benefits of their deceased father?

He didn’t name a beneficiary but I have talked to his employer and they said since he had 2 children, so that they would be entitled to the benefits.

Asked on November 10, 2012 under Estate Planning, South Carolina


Wayne Patterson / Wayne Patterson Attorney at Law

Answered 8 years ago | Contributor

As their mother you are already considered as their natural guardian. In order to collect the money, a trust for the children will have to be set up through the probate court.  When the child reacheds 18 the entire amount will be turned over to them. You will need to contact a local estate attorney for assistance in dealing with the probate court.


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