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    You are in: Home / Community Forums / Community Cafe / Common Sense?????
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    Common Sense?????

    racrgal
    Tue Mar 26, 2013 3:47 pm
    Food.com Groupie
    I do believe common sense has gone out the window! As some of you know my MIL passed away on February 5th. She had left an IRA to be split between her two great grand daughters. One of the greats is a minor. The company wants a "COURT APPOINTED guardian" to take control of the minor's share. WTH!?!?!?!?! She lives with her natural parents (who are two of the most responsible people I've ever met) and this company wants one of them to go to court and be "appointed". Craziest thing I have heard of in awhile.

    On the flip side, the great who is not a minor (turned 18 the 6th of March) is a party girl who will blow through her half in weeks and not a darned thing anyone can do about that. icon_sad.gif
    Ducky
    Tue Mar 26, 2013 4:26 pm
    Food.com Groupie
    Did she have a will? Or it might have something to do with the fact that it is an IRA. I don't know. You might inquire of an attorney. I dislike it when the judicial system makes you spend $ on seemingly inane things.

    BTW, no one ever said common sense was common.
    Becky in Wisconsin
    Tue Mar 26, 2013 5:54 pm
    Food.com Groupie
    racrgal wrote:
    I do believe common sense has gone out the window! As some of you know my MIL passed away on February 5th. She had left an IRA to be split between her two great grand daughters. One of the greats is a minor. The company wants a "COURT APPOINTED guardian" to take control of the minor's share. WTH!?!?!?!?! She lives with her natural parents (who are two of the most responsible people I've ever met) and this company wants one of them to go to court and be "appointed". Craziest thing I have heard of in awhile.

    On the flip side, the great who is not a minor (turned 18 the 6th of March) is a party girl who will blow through her half in weeks and not a darned thing anyone can do about that. icon_sad.gif


    Common sense is not so common anymore. But, law is law. Under 18 is a minor, and 18 and over is adult, and able to make their own decisions. icon_rolleyes.gif Right or wrong, it is what it is. icon_rolleyes.gif The minor will have her money tucked away safely for her when she is of age, hopefully a good college fund. And the 18 y/o, well, as you said, she will blow through it, and be stuck. Sucks to be on the sidelines, and watch all this go down and not a darn thing you can do about it. I'm sorry you are having to witness this. It is a head-scratcher for sure. Good luck.
    racrgal
    Tue Mar 26, 2013 6:35 pm
    Food.com Groupie
    We're working with a trust. Properly maintained, it's SO easy to work with. Unfortunately the IRA wasn't in the trust, it has beneficiaries. (We've found that some companies won't put insurance/IRAs in a trust.) The minor's parents plan to put away any funds she gets for college. So far the only way around going to court and being granted guardianship of their own child, is to leave the funds with the current company until the minor is 18.

    There is also a small amount that both greats will get from the trust. Those funds can be held until the age of 25 under the terms of the trust. The trustees also have the right to release those funds for education. Party Girl won't be getting her hands on that money any time soon.
    UnknownChef86
    Fri Mar 29, 2013 11:17 am
    Forum Host
    I don't have any answers to the problem you posed...but I thought you might appreciate the following. I didn't write it...got it awhile back online...author unknown...
    ~~~~~~~~~~~~~~~~~~~~
    Obituary
    The Death Of Common Sense
    12-13-10

    Today we mourn the passing of a beloved old friend, Common Sense, who has been with us for many years. No one knows for sure how old he was, since his birth records were long ago lost in bureaucratic red tape.

    He will be remembered as having cultivated such valuable lessons as:

    - Knowing when to come in out of the rain;
    - Why the early bird gets the worm;
    - Life isn't always fair; and
    - Maybe it was my fault..

    Common Sense lived by simple, sound financial policies (don't spend more than you can earn) and reliable strategies (adults, not children, are in charge). His health began to deteriorate rapidly when well-intentioned but overbearing regulations were set in place. Reports of a 6-year-old boy charged with sexual harassment for kissing a classmate; teens suspended from school for using mouthwash after lunch; and a teacher fired for reprimanding an unruly student, only worsened his condition.

    Common Sense lost ground when parents attacked teachers for doing the job that they themselves had failed to do in disciplining their unruly children.

    It declined even further when schools were required to get parental consent to administer sun lotion or an aspirin to a student; but could not inform parents when a student became pregnant and wanted to have an abortion.

    Common Sense lost the will to live as the churches became businesses; and criminals received better treatment than their victims.

    Common Sense took a beating when you couldn't defend yourself from a burglar in your own home and the burglar could sue you for assault.

    Common Sense finally gave up the will to live, after a woman failed to realize that a steaming cup of coffee was hot. She spilled a little in her lap, and was promptly awarded a huge settlement.

    Common Sense was preceded in death, by his parents, Truth and Trust, by his wife, Discretion, by his daughter, Responsibility, and by his son, Reason.

    He is survived by his 4 stepbrothers:
    I Know My Rights
    I Want It Now
    Someone Else Is To Blame
    I'm A Victim

    Not many attended his funeral because so few realized he was gone..

    If you still remember him, pass this on.
    If not, join the majority and do nothing.
    duonyte
    Fri Mar 29, 2013 12:56 pm
    Forum Host
    The reason that a guardian has to be appointed is because an awful lot of parents who get hold of funds intended for their children fritter away the money. Here the money is not intended for the future care of a child, so there is less harm, but I have seen any number of situations where funds intended for the future medical care of a child who was badly injured were spent by parents on cars, furs, jewelry. Here in Illinois, for example, any time there is a settlement in a court case for a child who is injured, the court must approve the settlement and the control of the funds. If there are significant future medical exposures, the court will normally appoint an independent guardian. It is to safeguard the child's interests. Your family's situation is different, but the rule stems from the same general problem.

    If I understand correctly, the money here is in a bank? The bank wants to protect itself. If it decides to give control of the money to the parents, and the parents spend it, the child can sue the bank for not protecting the funds for her. So the bank wants a court to say, yes, parents, the courts accepts you as guardians for this purpose. Bank, transfer money to the parents and your responsibility is done. Without that, the bank will be on the hook until some years after the child turns 18.

    The court very well might appoint the parents as the guardians, if it is convinced that the parents are responsible people. Depending on the amount of money, it may be a fairly simple procedure.
    JoyfulCook
    Sat Mar 30, 2013 2:55 am
    Forum Host
    Basically its to protect the money from being spent by others while she is a minor - this just usually means that if she needs something i.e. education they apply for it to be paid and receipts etc are kept to prove where the money went.

    Although it might be irksome you probably would not believe some of the stories I have been told about others spending money that was not really theirs to spend. Going to the court just makes it legally binding. I had to do this to have power of Attorney for my God Mother
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