Appointment of Guardian or Guardian ad Litem for a Minor’s Estate Interest in Massachusetts

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.

Detailed Answer

Under Massachusetts law, a guardian of a minor’s property oversees and protects a minor’s assets, including any interest in an estate. Appointment of a property guardian is governed by the Massachusetts Uniform Probate Code (MUPC), codified at Massachusetts General Laws chapter 190B, sections 5-101 et seq. (MGL c.190B §5-101).

To appoint a guardian of the property:

1. File a petition with the Probate and Family Court in the county where the minor or decedent resided. The petition must identify the minor, describe the estate assets, state the need for a guardian, and propose a suitable individual.
2. Serve notice on the minor’s parents, the decedent’s surviving spouse, any current trustee, and other interested parties under MGL c.190B §5-102 (MGL c.190B §5-102).
3. Attend a court hearing: The judge evaluates evidence, confirms the minor’s assets, and ensures that the proposed guardian is qualified and that appointment serves the minor’s best interests.
4. Letters of guardianship: If the court grants the petition, it issues letters of guardianship. The guardian must post any required bond, file an initial inventory, and submit annual accountings under MGL c.190B §5-302 (MGL c.190B §5-302).

Alternatively, a guardian ad litem may be appointed to represent a minor’s interests in a specific probate dispute or civil lawsuit. A guardian ad litem does not take control of the minor’s estate but advocates for the minor’s rights in court. Appointment is authorized under Massachusetts General Laws chapter 215, section 37 (MGL c.215 §37).

To appoint a guardian ad litem:

1. File a motion or petition in the pending probate or civil action requesting appointment of a guardian ad litem.
2. Provide notice to the minor (through a parent or existing guardian) and all parties in the matter.
3. Court order: The judge appoints a neutral person—often an attorney—to investigate, interview relevant parties, and report recommendations regarding the minor’s best interests.
4. Scope and duration: The guardian ad litem serves until the court resolves the specific issue, such as distribution of estate assets or approval of a settlement. They then file a report, and the court issues final orders reflecting the minor’s best interests.

Helpful Hints

• Be precise in your petition about why a guardian is necessary and detail the assets involved.
• Serve all required parties promptly to avoid delays or objections.
• Choose a guardian with financial expertise for estates with complex assets.
• Track court deadlines for inventories, accountings, and bond filings.
• Consider a guardian ad litem when conflicts or litigation threaten the minor’s interests.