Detailed Answer
Under Missouri law, a minor cannot directly manage property or pursue litigation involving an inheritance. To protect a minor’s interest in an estate, the probate court appoints either a guardian of the estate or a guardian ad litem. Each serves distinct purposes:
1. Guardian of the Estate
A guardian of the estate manages a minor’s inherited assets—bank accounts, real property, stocks—throughout probate and until the minor reaches age 18.
a. Petition and Venue
- Who may petition: A parent, existing guardian, conservator, or any interested person.
- Where to file: Probate Division of the Circuit Court in the county where the estate is administered.
- Required content: Minor’s name, date of birth, nature and value of the interest, and relationship of petitioner to the minor.
Statute reference: Mo. Rev. Stat. § 475.032 (source).
b. Notice and Hearing
The court issues a citation notifying all interested parties. At the hearing, the judge verifies the minor’s interest and confirms the appointed guardian meets statutory qualifications.
c. Bond and Authority
The guardian must post a bond unless waived. Bond requirements protect the minor’s assets. See Mo. Rev. Stat. § 475.150 (source).
2. Guardian ad Litem
A guardian ad litem represents a minor’s legal interests in litigation—such as disputes over inheritance or will contests—but does not manage estate assets long term.
a. Appointment Process
- Either party or the court on its own motion files a motion requesting appointment.
- The court evaluates whether the minor lacks adequate representation.
- The judge appoints an attorney or other qualified person to serve as guardian ad litem.
Statute reference: Mo. Rev. Stat. § 475.036 (source).
b. Duties
The guardian ad litem investigates facts, consults experts, and advocates for the minor’s best interests in court. The court must approve any settlement affecting the minor.
3. Reporting and Termination
Guardians of the estate file inventories and annual accountings in probate court per Mo. Rev. Stat. Chapter 475 (source). The court discharges the guardian when the minor turns 18 or when the estate interest ends.
4. Hypothetical Scenario
Suppose 15-year-old Emma inherits proceeds from her late grandparent’s will. Emma’s mother petitions the probate court under § 475.032. The court waives the bond because Emma’s mother is the sole petitioner and appoints her as guardian of Emma’s estate. If a will contest arises, the court appoints a guardian ad litem under § 475.036 to represent Emma in that litigation.
Helpful Hints
- Gather the minor’s birth certificate, death certificate of the decedent, and any will or trust documents.
- File the petition early to avoid delay in managing assets.
- Consider hiring a probate attorney to ensure compliance with court rules and statutes.
- Maintain accurate records of all transactions and accountings.
- Remember: guardianship of the estate ends automatically when the minor turns 18.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.