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By: Scott Grossman on September 15th, 2016

4 Scenarios Where Guardianship of a Minor During Estate Administration Terminates

When a person dies leaving behind beneficiaries or heirs, in some cases those individuals are not legal adults. In these situations, the person in charge of administering the estate must act carefully with regard to the minor’s rights in the estate. These rights extend beyond simply inheriting assets. The minor child is eligible to notice and to all of the other legal protections given to beneficiaries or heirs of an estate. It is vital that the executor of the estate handle minor beneficiaries properly during this process. It is therefore important to understand when guardianship might end during the probate or trust administration process.

Four Situations Where a Guardianship May End

Guardians are set in place by a court with proper jurisdiction. For example, beneficiaries in San Diego would have guardianship appointed in the Superior Court. Until such time as the guardianship is terminated, the personal representative of the estate or trust must ensure that the guardian of any minor beneficiaries is receiving all required notices and communications relating to the administration. When does guardianship end? The following are four examples:

  1. The child turns 18 years old.
  2. The child passes away.
  3. The assets of the child are far-gone, in cases where there is a Guardianship of the Estate.
  4. A judge determines that guardianship is no longer necessary.

Once the guardianship ends, the person in charge of administering the estate or trust may deal with the beneficiary directly. Deciding on your own whether there is still a need for a guardian is not a wise strategy. Instead, we encourage you to seek assistance from a knowledgeable legal professional. When you are ready, we invite you to reach out to us at a time that is convenient for you. Send us a live chat directly from our website.

Related Link:

Responsibilities of Guardians of Estates With Minors