We are grandparents and our grandchild was killed as a result of car accident in which one parent was the driver. The other parent though a hearing, uncontested by divorced spouse, was placed in charge of our elementary age grandchild's estate. The case will go to probate and it looks as if 1/2 will go to one parent and the other 1/2 to the other parent after all debts are cleared. ( The other parent -- the driver --- has now come forth to claim 1/2 of monies from estate).
Our intention is to halt frivolous spending and ensure responsibility on the part of the driver parent towards remaining sibling. One parent intends to use monies from the judgement to provide for remaining sibling's future needs.
The questions: What can we do to ensure the other parent contributes to the remaining sibling? The only idea we've come up with is some trust fund, but we don't know if as grandparents we can do so in probate.
We don't know enough about our court system in RI ….Would we need to file "pain & suffering" in some other court? On the accident report, the parent who was the driver ( 1 car accident) was listed as criminally negligent, but not formally charged … Do we have to go as far as to file a civil suit? Again, our intention is provision for remaining grandchild, not to punish other parent.
Please Help! We're completely unsure of which court, which type of lawyer and our rights. Thanks in advance of any and all replies.