No. A petition for turnover commission is not ordinarily required. Note the following exceptions: (1) If the guardianship terminates because of the guardian’s death, resignation, or incapacity, a statement of services shall be filed in support of the turnover commission claims. (2) If within three years of the guardian’s appointment, a guardianship terminates because of the minor’s death or attainment of the age of majority, and if the assets to be turned over exceed $100,000.00, the guardian shall file a statement of service in support of the turnover commission claimed or apply for a waiver of the statement of services by filing a written request with the Court. Note that pursuant to Superior Court, Probate Division Rule 225(h), the Court may, at any time, require a statement of services to determine an appropriate commission in any particular case.
Pursuant to Superior Court, Probate Division Rule 225(a), a guardian may elect to claim an ordinary commission in an interim account for ordinary services rendered not to exceed 5% of the amounts disbursed from the estate of the minor. The commission cannot be paid until the account is approved. Pursuant to Superior Court, Probate Division Rule 225(d), for final accounts, a guardian may elect to claim ordinary and turnover commissions in an amount not to exceed 5% of the net assets to be turned over to the minor who has now emancipated. The amount or percentage requested need only be reflected in the account.
Yes. A guardian who is an attorney may file a petition for reasonable attorney’s fees for preparing pleadings filed with the Court and for other necessary legal services rendered.
If the child lives in the District of Columbia, file a petition for appointment of a guardian of the estate of the minor, so that there is a guardian to whom the money can be paid. The guardian will hold the funds until the minor becomes age 18 and will then distribute them to the emancipated minor.
The forms are available online. Print them out to file. The forms must be filed in person because the proposed guardian and minor must meet with an Assistant Deputy Register of Wills.
There is no Court cost to file a petition to become a guardian of the estate of a minor.
No. The Probate Division handles guardianships of the property or assets of a minor. The Family Division handles petitions for appointment of a custodian of a child when one is needed to make care or custody decisions. A petition for appointment as custodian should be filed in the Family Division.
Anyone can file a petition for the appointment of a guardian of the estate of a minor. However, it is advisable to seek legal assistance if the petition is difficult to understand or the situation is complicated or unusual.
File a petition for appointment of a guardian of the estate of a minor, a bond, consents from the minor’s parents (if they do not both sign the petition for appointment), an order, and a nomination of guardian signed by the minor if the minor is age 14 or older. The Court will review the documents filed and decide whether appointment of a guardian is appropriate and, if so, who to appoint. Both the minor and the proposed guardian must appear at the Probate Division and meet with an Assistant Deputy Register of Wills at the time of the filing of the petition.
A parent who cannot be located and therefore has not consented to a petition for appointment of a guardian of the estate of a minor can be served by publication or some other method for good cause shown if the Court so orders.