Durante minori aetate is a Latin phrase that translates to "during minority." It refers to the management of an estate when the executor is a minor. In such cases, a responsible adult is appointed to administer the minor's estate until they reach the legal age to act independently. This process ensures that the minor's assets are protected and properly managed until they can take control.
This term is commonly used in estate law and guardianship cases. It applies when a minor inherits property or assets and needs someone to manage those assets on their behalf. Legal areas involved include:
Users can often manage the necessary forms and procedures themselves with the appropriate legal templates, such as those provided by US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A fifteen-year-old inherits a house from a deceased relative. The court appoints an adult family member as the guardian to manage the property until the minor turns eighteen.
Example 2: A minor receives a trust fund from their parents. A trustee is designated to oversee the fund's administration until the minor reaches adulthood. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Legal Age of Majority | Specific Requirements |
|---|---|---|
| California | 18 | Requires court approval for guardianship. |
| New York | 18 | Trustees must provide annual reports to the court. |
| Texas | 18 | Guardians must undergo background checks. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Guardianship | Legal responsibility for a minor or incapacitated person. | Guardianship involves broader responsibilities than just estate management. |
| Trustee | An individual or entity that manages a trust. | A trustee manages assets placed in a trust, while durante minori aetate focuses on estate administration for minors. |
If you are a minor or a guardian of a minor with inherited assets, consider the following steps:
For complex situations, seeking professional legal assistance is recommended.
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