Does a minor child need to hire an attorney to represent them if they received an asset from a deceased parent, if the other parent is still alive?
Yes, a child under the age of eighteen will need to hire an attorney to represent them in a guardianship of property proceeding if they are named as a beneficiary of an asset, even if the other parent is still alive. Merely being a parent of a minor child does not automatically give you the right to manage the minor’s outright inherited assets. Minors lack the legal capacity to manage their own financial affairs, so it is important to safeguard the minor’s interests by preparing a proper estate plan, such as a revocable living trust, and designating a trustee, for example, to manage such assets on behalf of the child until he-she attains the age of majority. Consulting with an attorney is advisable to navigate the legal requirements and ensure proper handling of a minor child’s inheritance in accordance with state laws.