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AlexiaEsq.
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In the state of Louisiana can you be 17 years of age and head

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In the state of Louisiana can you be 17 years of age and head of estate without a guardian. My cousin passed away and my aunt wants to make my cousin son over her estate. He will be 18 in July of next year or does my aunt need to be guardian over my cousin son until he turns 18
Submitted: 10 months ago via MyFamilyLaw.
Category: Family Law
Expert:  AlexiaEsq. replied 10 months ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing family law for 19+ years and look forward to assisting you.

With regard to your post:

In the state of Louisiana can you be 17 years of age and head of estate without a guardian. Actually, once can not generally get appointed by the Court to act as administrator of Estate as a minor, so this probably won't work UNLESS, everone is able to wait until he reaches the age of majority and then seeks the appointment.

 

My cousin passed away and my aunt wants to make my cousin son over her estate. I understand. He will be 18 in July of next year or does my aunt need to be guardian over my cousin son until he turns 18. I am not unsure if you are speaking of the deceased's estate, or only of the surviving child and his need for guardianship. If the latter, typically, yes, if he no longer has a living guardian, your aunt / the grandmother, will want to petition for that position to ensure he is not sent to foster care or similar. All else being even, the State will definitely prefer the grandmother over a stranger, particularly if the teen has the same want. Ironically, if she does nothing, and they just move forward with her 'caring' for him and supervising him without going to court, it may end up turning 18 before the State figures it out, and it will then be a moot point. However, technically speaking, and to avoid risk of some untoward event, getting official guardianship would be best so that if an emergency occurs, etc., she can make decisions that will be abided by.

 


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Alexia Esq.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11698
Experience: 19+ Years of Legal Practice in Family law matters.
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