How Can I Change My Guardianship Appointment to Handle a Minor’s Inheritance

Detailed Answer

When a minor inherits assets, you may need to modify your existing guardianship appointment to manage their inheritance under North Carolina law. The General Statutes governing guardianship and the handling of a minor’s estate appear in Chapter 35A of the North Carolina General Statutes. Follow these steps to request a modification:

1. Determine the Need for Modification

If the original guardianship order does not authorize you to handle money or property that the minor inherits, the court must grant new authority. This often arises when a parent or guardian is appointed for personal care but the minor later comes into an inheritance.

2. Prepare a Petition for Modification

Under N.C.G.S. § 35A-1230, you must file a Petition for An Order to Modify or Terminate Guardianship with the clerk of superior court. In the petition, explain why you need permission to manage the inherited assets. Cite the specific statute that authorizes modification of guardianship orders.

3. Provide Notice to Interested Parties

The court requires you to give written notice of the hearing to:

• The minor (if age 10 or older).
• Any other guardian or custodian.
• All parties entitled to notice under N.C.G.S. § 35A-1212.

4. Attend the Court Hearing

At the hearing, the judge reviews evidence showing that modification serves the minor’s best interests. You should bring:

• Proof of the minor’s inheritance (will, trust, or account statements).
• A proposed order outlining the powers you seek.
• Any accountings or bond requirements if the court demands a bond for managing the estate.

5. Obtain the Court’s Order

If the judge finds the change appropriate, the court issues an order expanding your duties. Typically, the order references N.C.G.S. § 35A-1223, which details a guardian’s duty to protect and manage a minor’s estate. Keep a certified copy of this order for banks or financial institutions.

6. Fulfill Reporting Requirements

After modification, file annual reports and accountings as required by N.C.G.S. § 35A-1228. These reports show the court how you invested and spent the minor’s inheritance.

Key Takeaways

• Review your original guardianship order to confirm the need for modification.
• File a Petition to Modify Guardianship under N.C.G.S. § 35A-1230 (ncleg.gov/GS_35A-1230).
• Notify interested parties and attend the court hearing.
• Obtain a court order granting authority to manage the minor’s inheritance.
• Comply with reporting and bond requirements under N.C.G.S. § 35A-1223 and § 35A-1228.

Contact Pierce Law Group for Help

Changing a guardianship order to manage a minor’s inheritance requires careful attention to North Carolina law. Pierce Law Group’s attorneys guide you through each step, from filing the petition to meeting ongoing reporting requirements. Contact us today by email at intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation and protect your minor ward’s financial future.