Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Wisconsin law, a court can appoint either a guardian of the estate or a guardian ad litem to protect and manage a minor’s interest in an estate. Each option serves different needs:
1. Guardian of the Estate
A guardian of the estate has broad authority to receive, manage, invest, and distribute a minor’s assets. Key steps include:
- File a petition in the county probate court under Wis. Stat. § 880.02 and § 880.10. The petition must identify the minor, describe the estate assets and state why a guardian is needed.
- Serve notice on the minor (if aged 14 or older), parents, interested parties and the district attorney as required by Wis. Stat. § 880.06.
- Attend a court hearing. The judge reviews the petition, hears testimony and assesses whether a guardian is in the minor’s best interest.
- Obtain letters of guardianship. Once appointed, the guardian must post a bond (see § 880.05), open a guardianship estate account and manage funds prudently under § 880.04.
- File annual accountings and reports with the court to maintain transparency and protect the minor’s assets.
2. Guardian Ad Litem
A guardian ad litem (GAL) has a narrower role. A GAL represents the minor’s legal interests during a probate or civil proceeding but does not manage assets permanently:
- In probate actions involving minor beneficiaries, the court may appoint a GAL under Wis. Stat. § 864.17 to collect and protect the minor’s inheritance.
- In any civil case, a GAL may be appointed under Wis. Stat. § 807.01 to investigate facts, advocate in court and safeguard the minor’s legal rights.
- A GAL’s duties end when the case resolves or the court terminates the appointment. The court may then direct distribution of estate assets to the minor or to a permanent guardian of the estate.
Helpful Hints
- Identify all estate assets, including real property, bank accounts and investments, before filing.
- Choose a responsible, bondable guardian—often a family member or trust company.
- Consult local court clerks for procedure details and filing fees in your county.
- Serve all required parties on time to avoid delays or objections.
- Keep meticulous records and consult an attorney for complex estates or disputes.