Being Appointed Guardianship by the courts

[gefytowym]

I've been looking for legal advice from 3 different sites, but seems nobody wants to respond to me, so now I'm trying this site.

Here's my question. I have a 16 year old son, obviously a minor. His father (my ex-husband) passed away about a month ago leaving my son as the beneficiary of a substantial life insurance policy. The insurance company has given me 2 choices on what they can do with the money - A) cut the check to me as my son's legal guardian or B) put the money in a trust fund until my son turns 18. I prefer A because I will need to use a portion of the money to make up for not receiving child support.

I've provided all papers the insurance company has requested (death cert., my son's birth cert., my divorce decree, etc.), but the last and final thing they want from me are papers showing that I have been appointed by the courts his legal guardian. Being his birth mother and having custody of him is not good enough.

How do I go about being appointed guardianship without having to hire an expensive lawyer? Where do I begin and who do I file these papers with?

I would appreciate a response as soon as possible.

 

[MorgansDaddy]

Call the your local courthouse and speak with the clerk and he/she will be able to tell you what you need to do.

 

[BayState]

Call the your local courthouse and speak with the clerk and he/she will be able to tell you what you need to do.

Not unless the court clerk wants to risk criminal charges for practicing law without a license.

OP should consult with an attorney.

 

[gefytowym]

Anyway, I called the court clerk and she did tell me I needed a lawyer. I called the lawyer and she told me I didn't need a lawyer. But if I wanted to hire her, it would cost $2,000 to $3,000. Money I don't have.

 

[MorgansDaddy]

In no way was I implying that the clerk of courts would give legal advice. I was implying that the clerk of courts could tell the OP what needed to be done to file for guardianship. As in the process of how to file and what court forms needed to be filled out.

 

[postdreams77]

OMG Insurance companies are outrageous. That seems like such a stupid thing to require, especially since you're his mother! I'm surprised that nothing in the divorce decree stated you were the legal guardian.