Brookline, MA asked in Probate for Massachusetts

Q: Can a parent be a guardian of a minor heir in informal probate if parents are divorced?

My minor nephews are listed as beneficiaries in my Dad's will. I filled informal probate, but it was rejected because they only have parental representation. Can their mother, my former sister-in-law, who is not mentioned in the will be their representative? If not, can we still proceed with an informal probate if they have a guardian ad litem?

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: If there is not a Conservator appointed over a minor already , then this process of obtaining an appointment takes time also and you should consider filing a Formal. The issue of suitability of the parent to hold funds can be brought forward in the Formal Petition and the Court can appoint a guardian ad litem for this purpose.

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