Whenever a minor (a child not of majority age of 18 years) receives proceeds from a lawsuit or is named as a beneficiary in a Will (unless it is in Trust), or receives money from an intestate estate, or is the benefactor of an insurance policy, the proceeds from these must be deposited with the Surrogate’s Court and placed in the Surrogate’s Intermingled Trust Fund (SITF), also known as Surrogate’s Intermingled Minors’ Account (SIMA).  

A person(s) must make application to the Surrogate’s Court for appointment as Guardian(s) of Minor’s Property. The parents have first right to make application for guardianship. In order to make application this person(s) must bring in the minor’s original or certified copy of the birth certificate, a Social Security card and a signed copy of the Order, if a lawsuit.

The person(s) will sign an Application for Guardianship Property, Authorization To Accept Service of Process and Guardianship Acceptance Property. The guardian(s) will receive from the Surrogate’s Court Letters of Guardianship Property and a Guardianship Short Certificate Minor, if needed.  This allows the guardian(s) to represent the interests of the minor in respect to the minor’s property, to petition the Superior Court for emergent use of the minor’s fund and to receive monthly statements of the minor’s account.

The money in its entirety will be released to the minor upon his/her reaching majority age of 18 years.

Whenever a minor (a child not of majority age of 18 years) has an interest in an estate, whether it is an Administration or an Ad Prosequendum, a guardian has to be named to represent the minor’s interest in the estate.  The parent(s) have first right to make application for guardianship.  In order to make application this person(s) must bring in the minor’s original or certified copy of the birth certificate and the Social Security card.

The person(s) will sign an Application for Guardianship Person, Authorization To Accept Service of Process and Guardianship Acceptance Property.  The Guardian will receive from the Surrogate’s Court Letters of Guardianship Person.  This allows the Guardian(s) to represent the interests of the minor in making decisions involved in the estate settlement which will best benefit the minor.

 

There are instances in estate settlements where a person(s) will have to make application for both the Guardianship of Person and Property of a minor.  The procedure is the same as given in the above two sections.