Insurance monies paid into court

[GGG]

I am named as Trustee for a minor, on my late brother's insurance policy.

The money has been paid into the courts as it is being disputed by his ex wife. I have been notified that I must now apply to be the Trustee.

Does anyone know which forms I need to file with the courts?

Your help is greatly appreciated.

[logicalvelocity]

GGG,

Rules of Civil Procedure is the applicable forms to use which are online in msword and pdf now.

http://www.ontariocourtforms.on.ca/e...ivil/index.jsp

Since this is an estate matter, does the estate not have a lawyer to handle the legal paperwork?

lv

[GGG]

The estate has an executive executor. The ex wife bullied the executor named in the will and they stepped down. The courts allowed the ex wife to pick the executor, which is a bank.

The ex wife does not want me to be the trustee for the child, although I am named on the insurance policy. That is why the estate told the policy holder that there is a dispute and the money was paid into the courts.

There is no way the estate is going to pay for me to have a lawyer as I presume that the ex wife will also apply to be trustee.

Everyone out there be very careful when it comes to estate planning and ex spouses. The most important thing that I have learned is not to name minor children as your beneficiary. Always have your "estate" as beneficiary, or all of the money will be sent to the child's guardian to do with it as they wish.

[logicalvelocity]

GGG,

The ex wife does not want me to be the trustee for the child, although I am named on the insurance policy. That is why the estate told the policy holder that there is a dispute and the money was paid into the courts.

The insurance document will prevail before the Last Will and Testament/Codicil.

Generally insurance policies don't form part of an estate as the probate tax would have to be paid on the value of the proceeds.

What does the Last Will say in regards to who will be the trustee for the child's life insurance proceeds? If it is not mentioned, again the insurance policy declaration will prevail.

By the way unless the ex wife was "named" a replacement or alternate executor, you could of applied with the courts to be same.

Executors and Trustee's earn 5% of the estate for enumeration of the duty.

lv

[GGG]

The child was not born at the signing of his will. I was name as trustee for the beneficiary (minor child).

I have received the Certificate of Appointment from the courts, naming the bank as trustee/executor of the estate and it states that the executor named in the will has stepped down.

According to the separation agreement, the ex wife is to have nothing to do with the estate. Obviously, as the minors guardian and because the insurance proceeds do not form part of the estate she was granted by the courts to pick an executor of her choosing. As the sole beneficiary is a minor, no one was obligated to inform me and therefore I found out of the change in executors by the insurance policy holder, because they had to notify me that the money was now in the courts.

It was to late to apply to be executor. Now I have to apply to be trustee of this one insurance policy.