Disclaimer: This article provides general information about Connecticut law. It is not legal advice. For advice specific to your situation, consult a qualified attorney.
Detailed Answer
Under Connecticut law, a minor cannot manage estate assets on their own. The Probate Court protects a minor’s inheritance by appointing either a guardian ad litem or a guardian of the estate. Both roles ensure the minor’s financial interests receive proper oversight until the child reaches age 18.
1. Guardian Ad Litem
A guardian ad litem represents the minor in any probate dispute or estate administration litigation. The Probate Court may appoint one on its own motion or upon petition. The court follows Conn. Gen. Stat. § 45a-644: Appointment of guardian ad litem. This guardian reviews documents, attends hearings, and advocates for the minor’s best interests.
2. Guardian of the Estate for a Minor
When an estate distribution includes a minor, the court may appoint a permanent guardian of the estate. This guardian holds legal title to assets, invests funds, pays expenses, and makes distributions for the minor’s support, education, and health. The authority comes from Conn. Gen. Stat. § 45a-650: Who may petition; appointment process. The guardian must be qualified, post a bond if required, and file inventories and periodic accountings with the court.
3. Appointment Process
- File a Petition: An interested person (a parent, executor, administrator, or other fiduciary) files a petition in the Probate Court for the district where the estate is pending. Include the minor’s name, date of birth, and description of assets.
- Notice and Hearing: The court gives notice to parents, prior guardians, and other interested parties. The court schedules a hearing to confirm the guardian ad litem or permanent guardian is in the minor’s best interest. See Conn. Gen. Stat. § 45a-652: Notice of hearing.
- Appointment and Bond: If the court finds the guardian ad litem or guardian suitable, it issues letters of guardianship. For a permanent guardian of the estate, the court may require a fiduciary bond under Conn. Gen. Stat. § 45a-673: Bond of fiduciary.
- Fiduciary Duties: The appointed guardian must manage assets prudently, file an inventory within 60 days, and submit annual accountings until the minor turns 18 or is otherwise emancipated.
Helpful Hints
- Gather financial records showing the minor’s assets and inheritance.
- Identify who qualifies to petition: a parent, executor, or any interested party.
- Attend the Probate Court hearing and bring proof of identity.
- Prepare to post a bond if the court requires it for a permanent guardian.
- Keep detailed records and timely file inventories and accountings.
- Consult an attorney experienced in Connecticut probate matters.