Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In Rhode Island, a minor cannot manage assets or property left in an estate. The Probate Division of the Rhode Island District Court oversees the appointment of a guardian of the estate to protect a minor’s financial interests. There are two common appointments:
- Guardian of the Minor’s Estate: Under R.I. Gen. Laws § 33-1-6, any person interested in the estate may petition the Probate Division for appointment of a guardian to manage the minor’s inheritance. The petition must:
- Identify the minor, the nature of the estate, and estimated value.
- Name a proposed guardian (often a close relative).
- Include a bond proposal to secure faithful performance.
- The court will schedule a hearing, give notice to interested parties (creditors, heirs, and the minor if over age 14), and review the proposed guardian’s qualifications. After appointment, the guardian must file an inventory, manage investments prudently, and report periodically to the court on all receipts and disbursements. Full statutory text: R.I. Gen. Laws § 33-1-6.
- Guardian ad Litem for Litigation: If the minor’s interest in the estate becomes the subject of litigation—for example, to contest a will—the court may appoint a guardian ad litem under Rule 17(c) of the Rhode Island Superior Court Rules of Civil Procedure. The guardian ad litem represents the minor’s interests in that action only. They must be neutral and advocate solely for the minor’s best outcome. See Rule 17(c), R.I. Super. Ct. R. Civ. P..
Once appointed, either guardian must comply with court orders, maintain clear records, and seek court approval for major transactions such as selling real estate. When the minor reaches age 18, the guardian’s authority terminates, and the assets pass directly to the former minor.
Helpful Hints
- Start early: File a petition promptly after estate administration begins to avoid delays.
- Gather documentation: Birth certificate, death certificate of decedent, and asset valuations streamline the petition.
- Pick a reliable guardian: Courts favor individuals with a track record of fiduciary responsibility.
- Understand bonding: The court usually requires a surety bond to protect the minor’s assets.
- Keep detailed records: Regular inventories and accounting reports help maintain transparency.
- Consult a probate attorney: Though not required, an attorney can help navigate court filings and hearings.