Archiver > LOWER-DELMARVA-ROOTS > 2011-03 > 1301568715

Subject: Re: [LDR] Fw: Question(s) re possible fine points of Guardianshiplaws & Orph...
Date: Thu, 31 Mar 2011 06:51:55 EDT

>From my own research, guardians were appointed to oversee the estate of the
minors, not so much for physical custody. At age 14, a minor could
petition the court to choose his or her guardian. Unless the infant who was
unborn was mentioned in the will (as a possibility, obviously, not as a known
person), it is possible that he or she would not get anything unless a
petition was made to the court for that purpose. I do have one such case, in
which one of the siblings died intestate, and his share of the estate was
then given by the court to the infant. The mother, who was still very much
alive, probably did have physical care and custody of the minor children,
even those who were not hers, but she was not their guardian in law. It seems
as if the guardians were there to ensure that the estate was not wasted by
subsequent husbands of the widow. (Mine was on her fourth husband, and
still fiddling with the probate of numbers 2 and 3 when 4 died.)


In a message dated 3/31/2011 4:59:24 A.M. Eastern Daylight Time,

> List: .... The situation below, is partly factual and partly
> In early 1822 a Head of Household died intestate and there is a Probate
> spread over about 4 years with the ususal inventories, reports and final
> distributions.
> An infant male is born to the spouse approx 6 months *after* the above
HoH death
> and shortly thereafter the Mother of the infant possibly dies. The
> who is of legal adult age, of the HoH's estate is a stepson of the HoH,
and a bio
> son of the Mother of the infant.
> If the estate Administrator (a separate legal function from the
> situation of course) also assumes physical and legal care of the infant,
is there
> any way that "normal" Guardianship procudures could have been *avoided*.
> postponed until the infant was older.
> In some Guardianship procedures the process is approximately
characterized as "A &
> B, minors, request the court to appoint a Guardian", altho of course
the process
> is guided by an adult. Presumably an adult would do the same thing for
an infant,
> but I'm asking if there are any options in the process.
> Was it always required that they go before the Orphans Court even if the
> Mother remained alive.
> If anyone has some information in these areas, I'd like to learn more
about it. It
> would be helpful. Thanks much.
> Joe Lake

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