Legal Question in Wills and Trusts in Pennsylvania

My son is in a coma. I am gardian of his person but not his estate. My lawyer said since he only had $2000 that it wouldn't be worth getting bonded every year. However, the bank won't give up the money because the money is part of the estate. I could use the money because of numerous expenses incurred over the past 18 months.

What can I do?


Asked on 2/25/13, 8:14 am

1 Answer from Attorneys

I am not sure why a bond would be necessary here. There is a process for small estates - its akin to the process for a minor (you don't indicate whether your son is a minor or an adult but either way, there would not be a difference). Why don't you ask the attorney if the money can be turned over to you pursuant to the procedure below. You will still need some type of declaration from the court, but once you have it the bank should honor that.

20 Pa.C.S.A. � 5505. Provisions similar to small estates of minors

The provisions concerning small estates of incapacitated persons shall be the same as are set forth in the following provisions of this title relating to minors' estates:

Section 5101 (relating to when guardian unnecessary).

20 Pa.C.S.A. � 5101. When guardian unnecessary

When the entire real and personal estate, wherever located of a resident or nonresident minor has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent or other person maintaining the minor, without the appointment of a guardian or the entry of security, in any of the following circumstances:

(1) Award from decedent's estate or trust.--When the court having jurisdiction of a decedent's estate or of a trust in awarding the interest of the minor shall so direct.

(2) Interest in real estate.--When the court having jurisdiction to direct the sale or mortgage of real estate in which the minor has an interest shall so direct as to the minor's interest in the real estate.

(3) Other circumstances.--In all other circumstances, when the court which would have had jurisdiction to appoint a guardian of the estate of the minor shall so direct.

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Answered on 2/25/13, 12:46 pm


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