When a child’s parents die, or their last surviving parent dies, caregivers must immediately step in and assume not only the responsibilities of raising an orphaned child, but also collecting the child’s inheritance. No matter who the caregiver is, they will need the legal authority to carry out these responsibilities. A guardianship proceeding formalizes the caregivers’ role by giving them the legal right to make decisions concerning the orphaned children, just as a parent would. Guardianship also provides several methods for collecting a child’s inheritance and receiving distributions from the child’s inherited assets.
Guardianship is a different legal proceeding than a conservatorship. Guardianship provides a proceeding for a caregiver to obtain the authority to collect a child’s inherited assets whereas conservatorship does not. These rights are especially important for caregivers when a parent names their child as a direct beneficiary of life insurance policies, retirement benefits, and other financial accounts.
Probate courts have original jurisdiction over guardianship matters involving minor children as well as probate proceedings involving the deceased parent’s estate. Maintaining both proceedings in the probate court can better protect the minor children’s interest. Law Office of Adriane S. Grace, PLLC can assist with the filing of all proceedings necessary to administer the estate of the deceased parents while also obtaining the appropriate legal authority for an orphaned child’s caregivers.
