Detailed Answer
When a will names a minor as a beneficiary, it often includes special instructions for how that minor’s inheritance must be managed until the child reaches a certain age. These provisions can use either a custodianship under the Uniform Transfers to Minors Act (UTMA) or a court-appointed guardianship of the minor’s estate. Understanding the language and the statutory framework is critical to protecting the minor’s interests.
Under North Carolina law, a will may direct that assets pass to a custodian under the UTMA (Chapter 36C). In that case, the custodian holds legal title and must manage the property for the minor’s benefit. The UTMA sets the age of full distribution, usually 18 or 21, as specified in the will.
If the will does not name a custodian, or if it calls for a different arrangement, the clerk of superior court may appoint a guardian of the minor’s estate under N.C.G.S. § 28A-14-1. That guardian must safeguard the assets and seek court approval for major financial decisions.
An attorney will:
- Review the will’s language and confirm whether it uses UTMA or guardianship.
- Explain when and how the minor will receive distributions.
- Outline the duties and powers of a custodian or guardian under North Carolina statutes.
- Advise on required court filings and timelines.
Seeking a clear, written explanation from your attorney ensures you know each step. It also helps you prepare any filings or hearings with the clerk of superior court.
Key Steps to Obtain an Attorney’s Explanation
- Gather Documents: Collect the original will, any codicils, and proof of the minor’s identity (birth certificate).
- Schedule a Consultation: Contact an attorney experienced in probate administration.
- Provide Context: Explain your relationship to the estate and your concerns about the minor beneficiary.
- Ask Specific Questions: Inquire about custodianship versus guardianship, the statutory age of distribution, and any court requirements.
- Request a Written Summary: Have your attorney outline the provisions and next steps in writing for your records.
- Plan for Court Filings: If a guardianship is needed, work with your attorney to prepare and file the petition under N.C.G.S. § 28A-14-1.
- Follow Up: Stay in touch with your attorney as the court process unfolds and distributions occur.
If you need clear guidance on a minor beneficiary provision, we can help. Pierce Law Group’s attorneys have deep experience in probate administration. To arrange a consultation, email us at intake@piercelaw.com or call (919) 341-7055.
