Detailed Answer
When a minor inherits property or has an interest in an estate in Michigan, the Probate Court must appoint an adult to manage the minor’s financial interests. This appointment can take two forms: a guardian of the estate or a guardian ad litem.
1. Guardian of the Estate
A guardian of the estate handles the minor’s property and financial affairs. Key steps under MCL 700.5411 et seq. include:
- Filing a Petition: A parent, next friend, personal representative, or any interested party files a petition in the Probate Court where the decedent’s estate is administered. See MCL 700.5411 (mcl-700.5411).
- Notice: The petitioner must serve notice to all interested parties and the minor, if age-appropriate, per MCL 700.5405 (mcl-700.5405).
- Appointment and Bond: The court evaluates the petition. If granted, it issues letters of guardianship. The guardian typically posts a bond under MCL 700.5413 (mcl-700.5413), unless waived by the court.
- Ongoing Duties: The guardian must manage assets prudently, file annual accounts, and seek court approval for major transactions under MCL 700.5433 (mcl-700.5433).
2. Guardian ad Litem
A guardian ad litem (GAL) represents the minor’s interests in litigation or contested probate matters. Under MCL 700.1303, the Probate Court may appoint a GAL when the minor’s rights need independent protection.
- Appointment: Any party or the court itself may request appointment. The court evaluates potential conflicts and the minor’s needs. See MCL 700.1303 (mcl-700.1303).
- Role and Duties: The GAL investigates facts, reports to the court, and advocates for the minor’s best interests. The GAL does not manage assets but protects the minor during legal proceedings.
- Duration: The appointment typically lasts for the pendency of the litigation or until the court orders otherwise.
Disclaimer
This article is for educational purposes and does not constitute legal advice. Laws vary and interpretations change. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Confirm the correct Probate Court for filing in the decedent’s county.
- Use official Michigan court forms, such as PC 569 (Petition for Guardianship of Estate) and PC 635 (Appointment of GAL).
- Prepare an inventory of the minor’s assets to attach to the petition.
- Consider bonding requirements early to avoid delays.
- Keep detailed records and file annual guardian accountings on time.