Disclaimer: This content is for informational purposes only and is not legal advice. Consult a licensed Kentucky attorney for guidance on your specific situation.
Detailed Answer
1. Statutory Framework: Guardianship of a Minor’s Estate (KRS Chapter 387)
Under Kentucky Revised Statutes (KRS) Chapter 387, a court may appoint a guardian to manage a minor’s property or estate interests. The process ensures the child’s assets are protected until they reach the age of majority (18). Key statutes include:
- KRS 387.020 – Venue for filing a guardianship petition.
- KRS 387.030 – Qualifications and powers of a guardian.
- KRS 387.040 – Required contents of the petition.
- KRS 387.060 – Notice to interested parties and hearing requirements.
- KRS 387.080 – Bond and security requirements.
Steps to Appoint a Guardian of the Estate:
- File a Petition: Any interested person (often a parent or guardian) files in the district or circuit court where the minor resides. The petition must describe the minor’s estate assets and why a guardian is needed (KRS 387.040).
- Provide Notice: The petitioner must notify the minor’s parents, the minor (if age 14 or older), and other interested parties at least seven days before the hearing (KRS 387.060).
- Attend the Hearing: The court evaluates the evidence, confirms the minor’s need for a guardian, and ensures the proposed guardian is qualified (KRS 387.030).
- Post Bond: Unless waived, the appointed guardian posts a bond to secure faithful performance of duties (KRS 387.080).
- Letters of Guardianship: Once appointed and bonded, the court issues letters of guardianship. The guardian can then manage, sell or invest the minor’s estate assets under court supervision (KRS 387.030).
- Annual Accounting: The guardian must file an annual accounting with the court detailing receipts, disbursements, and the current value of the minor’s estate (KRS 387.120).
2. Guardian ad Litem in Probate or Civil Proceedings
When a minor is a beneficiary in a pending probate or other civil case, the court often appoints a guardian ad litem to represent the child’s interests. Unlike a full guardian of the estate, a guardian ad litem has a limited role focused on the litigation or distribution issue.
- Mandatory Under Kentucky Rules of Civil Procedure: Rule 17.04 requires appointment of a guardian ad litem whenever a minor is a party to a lawsuit.
- Petition or Court-Initiated: A party may petition the probate or circuit court, or the judge may appoint one sua sponte, to protect the minor’s rights.
- Role and Duties: The guardian ad litem investigates the case facts, advises the court on the minor’s best interest, and may negotiate or object to proposed estate distributions.
- No Bond Required: Generally, guardians ad litem do not post bond, but they must file reports or recommendations with the court.
Helpful Hints
- Clarify whether you need a full guardian of the estate or just a guardian ad litem for litigation purposes.
- Gather complete asset documentation (bank statements, real-estate deeds, policy information) before filing.
- Serve notice properly—failure to notify parents or interested parties can delay your case.
- Be prepared to post a bond unless the court waives the requirement.
- Keep meticulous records and file annual accountings on time to maintain court approval.
- Consult a probate attorney if complex assets or tax issues arise.
- Understand that guardianship ends when the minor turns 18 or the court modifies the arrangement.