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Guardianship of Minor's Property Only

Whenever a minor (a child not of majority age of 18 years) receives proceeds from a lawsuit or is named as a beneficiary in a Will (unless it is in Trust), or receives money from an intestate estate, or is the benefactor of an insurance policy, the proceeds from these must be deposited with the Surrogate’s Court and placed in the Surrogate’s Intermingled Trust Fund (SITF), also known as Surrogate’s Intermingled Minors’ Account (SIMA).  

A person must make application to the Surrogate’s Court for appointment as Guardian of Minor’s Property. The parents have first right to make application for guardianship. In order to make application, this person must bring in the minor’s original or certified copy of the birth certificate, a Social Security card and a signed copy of the Superior Court Order, if a lawsuit.

The person will sign an Application for Guardianship of the Property and the Acceptance and Power of Attorney. The guardian will receive from the Surrogate’s Court Letters of Guardianship of the Property and a Guardianship Short Certificate of Property, if needed.  This allows the guardian to represent the interests of the minor in respect to the minor’s property, to petition the Superior Court for emergent use of the minor’s funds and to receive monthly statements of the minor’s account.

The money in its entirety will be released to the minor upon his/her reaching majority age of 18 years.

 

Guardianship of Minor's Person Only

Whenever a minor (a child not of majority age of 18 years) has an interest in an estate, whether it is an Administration or an Ad Prosequendum, a guardian has to be named to represent the minor’s interest in the estate.  The parent(s) have first right to make application for guardianship.  In order to make application this person must bring in the minor’s original or certified copy of the birth certificate and the Social Security card.

The person will sign an Application for Guardianship of the Person Only and the Acceptance and Power of Attorney.  The Guardian will receive from the Surrogate’s Court Letters of Guardianship of the Person Only.  This allows the Guardian to represent the interests of the minor in making decisions involved in the estate settlement which will best benefit the minor.

 

Guardianship of Minor's Person and Property

There are instances in estate settlements where a person will have to make application for both the Guardianship of the Person and Property of a minor.  The procedure is the same as given in the above two sections.