How to Appoint a Guardian or Guardian ad Litem for a Minor’s Estate Interest in Vermont

Disclaimer: This article provides general information and is not legal advice. Always consult a qualified attorney for guidance specific to your situation.

Detailed Answer

Under Vermont law, a court-appointed guardian or guardian ad litem can protect and manage a minor’s interest in an estate. The Probate Division of the Vermont Superior Court handles these appointments. Key steps include:

1. Determine the Type of Appointment

• Guardian of the Estate: Manages property, investments, income, and expenses on behalf of the minor. See 14 V.S.A. § 251.
• Guardian ad Litem: Represents the minor’s legal interests in litigation, such as disputes over distribution or validity of a will. The court may appoint one under Vermont Rules (e.g., Rule 17(c) of the Vermont Rules of Civil Procedure).

2. File a Petition in Probate Court

An interested person—often a parent, relative, or executor—must file a written petition in the Probate Division of the Vermont Superior Court in the county where the estate is administered. The petition should include:

• Name and birth date of the minor.
• Description and estimated value of the minor’s estate interest.
• Name and qualifications of the proposed guardian or guardian ad litem.
• Reason the appointment is necessary.

3. Provide Notice

Once the petition is filed, the court issues a notice of hearing. Vermont law requires service on:

• The minor’s parents or existing legal guardians. (14 V.S.A. § 252.)
• All persons entitled to share in the estate.

4. Attend the Hearing

During the hearing, the judge evaluates whether the proposed guardian or guardian ad litem is suitable. The court considers the candidate’s background, potential conflicts of interest, and ability to manage or represent the minor’s estate.

5. Appointment and Bond

If approved, the court issues letters of guardianship. A guardian of the estate must post a bond to protect the minor, as required by 14 V.S.A. § 264. A guardian ad litem does not typically post a bond but must comply with court rules.

6. Duties and Reporting

A guardian of the estate must safeguard assets, invest wisely, and file periodic accountings with the Probate Division. See 14 V.S.A. § 262. A guardian ad litem investigates and submits a written report or recommendation to the court.

Helpful Hints

• Gather all relevant documents before filing, such as death certificates, wills, and estate inventories.
• Choose a guardian with financial experience and no conflicts of interest.
• Prepare a reasonable bond amount based on the estate’s value.
• Keep detailed records of all transactions and correspondence.
• Consult a probate attorney early to streamline the appointment process.