Disclaimer
This article is for general informational purposes only and does not constitute legal advice. For personalized guidance, consult a qualified attorney in Montana.
Detailed Answer
Overview
When a minor is entitled to inherit from an estate, Montana law requires the court to appoint an adult to safeguard the minor’s property and financial interests. Depending on the situation, the court may appoint a guardian of the estate or a guardian ad litem. A guardian manages the minor’s assets over time, while a guardian ad litem represents the minor in a specific legal proceeding.
Who Can Petition?
Under MCA § 72-5-203, any interested person—including a parent, relative, personal representative of the estate, or the county attorney—may file a petition to appoint a guardian or guardian ad litem for a minor.
Filing the Petition
The petition must be filed in the district court of the county where the minor resides or where the decedent’s estate is being probated. Montana Rules of Probate Procedure require the petitioner to:
- Identify the minor and describe the assets involved;
- State why appointment is necessary to protect the minor’s interests;
- Notify the minor’s parents, legal guardian, and other interested parties as outlined in MCA § 72-5-204;
- Attach any required valuations or estate inventories.
Court Hearing and Appointment
The court schedules a hearing to review the petition. At the hearing, the judge evaluates whether the proposed guardian or guardian ad litem is suitable and whether appointment serves the minor’s best interests. If satisfied, the court issues letters of guardianship or letters of appointment for a guardian ad litem.
Responsibilities of a Guardian of the Estate
Once appointed, a guardian of the estate must:
- Collect, invest, and manage the minor’s assets prudently;
- File annual accountings with the court (MCA § 72-5-312);
- Obtain court approval before major transactions;
- Distribute assets to the minor upon reaching adulthood or as ordered by the court.
Appointment of a Guardian ad Litem
When a pending probate dispute requires representation of the minor’s interests—such as contested wills or claims—a guardian ad litem may be appointed under MCA § 72-5-309. The guardian ad litem’s role is limited to the litigation, after which the appointment terminates.
Helpful Hints
- File petitions early to safeguard a minor’s inheritance.
- Consult a probate attorney familiar with Montana guardianship rules.
- Prepare a clear inventory of the minor’s assets to attach to your petition.
- Ensure all required notices are served in compliance with MCA § 72-5-204.
- Keep accurate records and submit timely court accountings to avoid removal.