Rhode Island Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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Multi-State
Control #:
US-01207BG
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Word; 
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Description

A guardianship is a legal relationship created when a person is assigned by the court to take care of minor children. Generally, to become a guardian of a child either the party intending to be the guardian or another family member, or a close friend of the family will petition the court to appoint the guardian. The guardianship of a minor remains under court supervision until the child reaches majority at 18. Local laws vary, but many courts require certain interested parties to be served with notice of guardianship hearings. Such notices often have to be served upon the person, with a sworn statement of the person making the service later returned to the court as proof of such service. In some cases, the interested party may waive the notice requirements and/or join in the petition.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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FAQ

The Guardian ad litem in a pending case shall protect the interests of the child who is a witness in any judicial proceeding related to the case in which the Guardian ad litem has been appointed. The Guardian ad litem shall explain, when appropriate, the Court proceedings and process to the child.

Ing to Rhode Island inheritance laws, an heir must live at least 120 hours (five days) longer than a decedent to become a legal heir to his or her estate. Should the heir not pass this period of survivorship, the estate will be distributed as if they had predeceased the decedent.

A Rhode Island small estate affidavit is a form that can be used to speed the distribution of assets in certain estates. Any estate that is valued at less than $15,000 is considered a small estate. This helps avoid the long and costly process of traditional probate.

A legal guardian cannot pass along their own inheritance to the child in their custody unless a special provision is made in their will. Adoption, on the other hand, is a process that legally terminates the rights of a child's legal or biological parents as they are placed into the custody of new adoptive parents.

An estate consisting of personal property having a fair market value of $15,000 or less can use a simplified proceeding. Usually, this decision to use the "small estate" provision is made by the lawyer and the personal representative at the time of the initial conference.

Any estate that is valued at less than $15,000 is considered a small estate. This helps avoid the long and costly process of traditional probate. If the deceased (also known as the decedent) has a will and appointed a personal representative who is capable of fulfilling that role, this affidavit will be denied.

A physician must complete documentation that the individual is unable to make decisions for themselves. Someone must step forward to petition the probate court to become the Guardian for the individual. The individual and their family must be notified of the petition by the court.

If a person dies with less than $15,000 of personal property, probate may be shortened under the "small estate" provision. The executor of the estate will have to file the necessary forms with the probate court, but the waiting time for the closure of these estates is typically much shorter and far less costly.

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Rhode Island Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed