Q: Guardians/Trustees
If assets in my will shall pass to a minor and I have named a guardian in the will, must the guardian be approved and monitored by the court?
On the other hand, if the assets are passed to a trustee (whom is also named), must the trustee be approved and monitored by the court?
A:
If you've named a guardian in your will for a minor beneficiary, the court typically needs to approve this guardian to ensure they are fit to take on the responsibility. The court's approval process involves verifying the guardian's suitability and may include ongoing oversight to protect the minor's best interests.
On the other hand, when you name a trustee to manage assets for a minor, the court does not usually need to approve the trustee if the trust was properly created within the will. However, trustees are still accountable for managing the trust according to its terms and the law, which may involve some level of court oversight if disputes arise or if the trust's terms require it.
Ensuring that your will and trust documents are clear and legally sound is crucial to avoid complications. If you have specific concerns, consider seeking advice to confirm that your plans comply with Pennsylvania laws and adequately protect the interests of your minor beneficiary.
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