How do I petition the court to assign me as successor custodian to my minor children’s bank accounts that my recently deceased grandfather set up?

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How do I petition the court to assign me as successor custodian to my minor children’s bank accounts that my recently deceased grandfather set up?

My grandfather had a Will and left everything to my dad and uncle. My grandfather had set up a bank account for each of my kids (ages 11 and 12) and he was the custodian. After his passing a few weeks ago, I have tried to get myself put onto their bank accounts. I found a state statute that says I need to petition the court to appoint me successor custodian. The bank is confirming that this is what they want also. I can not find out if I need a specific form, or if I write it out, or how to handle it. it is only a few hundred dollars per child.

Asked on February 27, 2012 under Estate Planning, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to possibly get the petition filed with the court naming you as the successor custodian for your minor children's bank accounts is for you to go down to the county law library and get a bit of help from the librarian as to forms and the filing procedure. You will need to file the petition with the county clerk where your grandfather lived.

You will need a notice of petition, a declaration with a certified copy of your grandfather's death certificate attached, a proposed order and a memorandum of points and authorities in support of the petition.

There are forms that the law librarian can point you to. For a few hundred dollars in the accounts it makes no economic sense for you to consult with an attorney to assist you.

 


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