Appointment of a Guardian or Guardian Ad Litem for a Minor’s Estate Interest in Maryland
Detailed Answer
To protect a minor’s inheritance, Maryland law allows the Orphans’ Court to appoint a guardian of the property or a guardian ad litem. A guardian of the property manages the minor’s assets until they reach adulthood. A guardian ad litem represents the minor’s interests in contested proceedings.
Under Estates & Trusts Article § 13-102, the court may appoint a guardian for a minor’s property. Follow these steps:
- File a Petition: Any interested person (often a parent, relative, or prospective guardian) files in the Orphans’ Court where the decedent lived. Include the minor’s name, birth date, and estimated value of the estate assets.
- Serve Notice: Provide at least 10 days’ notice to the minor’s parents, heirs, and proposed guardian.
- Attend Hearing: The court reviews the petition and hears any objections. It assesses whether a guardianship serves the minor’s best interests.
- Receive Appointment Order: If granted, the court issues an order naming the guardian and sets bond requirements. The guardian then manages the assets until the minor reaches majority.
In disputes over probate or custody of estate assets, the court may appoint a guardian ad litem under Maryland Rule 11-105. The guardian ad litem investigates and reports on what arrangement best protects the minor’s assets and rights.
Key Statutes:
- E&T § 13-101 (Definitions and general provisions)
- E&T § 13-102 (Appointment of guardian of property for minor)
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- File Early: Start the guardianship petition soon after learning of a minor heir.
- Collect Documents: Prepare the decedent’s death certificate, will, and proof of the minor’s age.
- Select a Responsible Guardian: Courts require a trustworthy individual and often set a bond to protect the estate.
- Account Regularly: Guardians must file periodic financial reports with the Orphans’ Court.
- Seek Legal Help: An attorney can ensure correct filings and compliance with court procedures.