What happens if one of the heirs is a minor?

If one of the heirs to an estate is a minor in New York, the court must appoint a guardian to manage the minor’s share of the estate. Generally, this guardian will be the minor’s parent, although another family member or someone else may be appointed if the court believes that would be in the minor’s best interests. The guardian will receive the minor’s share of the estate, but will not be allowed to spend or give away any of it unless they receive court approval. Instead, the guardian must manage the minor’s share of the estate until the minor reaches the age of majority (18 in New York). At that point, the guardian will be required to turn the estate over to the minor. In certain circumstances, the court may not appoint a guardian to manage the minor’s share of the estate. For example, if the amount of the minor’s portion of the estate is minor and not expected to increase, the court may allow the minor’s parent to take control of the estate until the minor reaches the age of majority. Regardless of who manages the minor’s share of the estate, the court must approve all decisions and expenditures related to the estate. This is to ensure that the estate is being used in the minor’s best interests.

Related FAQs

What is intestate succession law?
What are the filing deadlines for an intestate succession?
What is the difference between intestate and testate succession?
How can a surviving spouse protect their rights in an intestate estate?
Can an intestate estate be divided unequally among heirs?
How are assets distributed in an intestate estate?
What kind of assets are subject to intestate succession?
Are there any restrictions on who can inherit from an intestate estate?
Can an intestate estate be divided among more than one heir?
Are there any restrictions on how an intestate estate can be distributed?

What happens if one of the heirs is a minor?

Related FAQs

Related Blog Posts