Detailed Answer
Under Oregon law, when a minor inherits property or money in a decedents estate, the probate court must protect the minors interest. The court can appoint either a guardian of the estate or a guardian ad litem, depending on the circumstances.
Step 1: File a Petition
Any interested personoften the personal representative, a parent, or a potential guardianmust file a petition in the county probate court where the estate is open. The petition should:
- Identify the minor and describe their interest in the estate.
- State why a guardian or guardian ad litem is necessary.
- Include proposed bond amount, if a guardian of the estate is sought.
See ORS 131.285: Appointment of guardian ad litem and ORS 125.040: Guardianship petition requirements.
Step 2: Serve Notice
The petitioner must notify all interested parties, including the minors parents or current guardians. Notice must meet requirements under ORS 131.285 to ensure due process.
Step 3: Attend the Hearing and Appointment
At the hearing, the court evaluates:
- Whether a full guardian of the estate is needed to manage complex assets.
- Whether a guardian ad litem suffices to represent the minors legal interests.
If appointed, the guardian ad litem represents the minor in litigation only. A guardian of the estate manages, invests, and safeguards assets. See ORS 125.315: Powers of guardian of the estate.
Step 4: Posting Bond and Reporting
The court may require a bond to secure performance by the guardian of the estate, as specified in ORS 125.085: Bond requirements for guardians. The guardian must file periodic accountings and reports to the court.
Disclaimer
This is not legal advice. Consult a licensed attorney for guidance specific to your situation.
Helpful Hints
- Start early: probate timelines affect minor interests.
- Choose a financially responsible guardian.
- Understand bonding and reporting obligations under ORS 125.085.
- Keep detailed records of all transactions.
- Seek attorney assistance for complex assets or disputes.