Petition for the Appointment of a Guardian of the Estate of a Minor under the Age of 14 Years in Accordance with 20 Pa.C.S.A.§5111(a) to Bring Litigation

Current through March 1, 2017

DECREE

Now,______ 20_______ , upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that Henry Doe is appointed Guardian of the Estate of John Dunn, a Minor, for all purposes, including nominating the person who will receive Letters of Administration on the Estate of Jane R. Dunn, Deceased and bringing litigation on behalf of the Minor. Upon receiving any property on behalf of the Minor, the Guardian shall apply to the Court to set the appropriate bond in this matter.

_____________J.

In an earlier edition of this book, this form of petition included an allegation that the appointment of a guardian was necessary to nominate the Administrator of the estate of the minor's parent who died intestate. In accordance with Granato Estate, 17 Fiduc. Rep. 2d 267 (O.C. Bucks, 1997), affirmed 723 A. 2d 240 (1998), this is no longer the practice. Because the minor is disqualified from serving as Administrator pursuant to 20 Pa. C.S. § 3156, the person entitled to the grant of letters of administration, pursuant to §3155(b)(3) is not the designee of or the guardian of the minor, but the individual or individuals who would be entitled under the intestate law if the minor had not survived the decedent.

PETITION

The Petition of Peter Dunn respectfully states that:

1. Petitioner is the uncle of John Dunn, being his late father's brother.

2. John Dunn was born on January 1, 1993, and resides at 275 Horse Hair Road, Philadelphia, PA 19199, with Petitioner.

3. The Minor is the child of Jane R. Dunn, who died on January 12, 2001, and Joseph B. Dunn, who died on July 7, 2001.

4. It is necessary that a Guardian of the Estate be appointed because John Dunn may have a cause of action against James Jones for personal injuries John Dunn incurred in a traffic accident.

5. No other Guardian has been appointed for the Estate of the Minor.

6. The proposed Guardian, Henry Doe, is 40 years of age and resides at 10 Main Street, Philadelphia, PA 19199. The Consent of the proposed Guardian is attached hereto as Exhibit "A."

7. The proposed Guardian is a cousin of the said John Dunn and has no interest adverse to him.

8. The Minor's estate is composed of the litigation claim, which is valued at $50,000.

9. No notice to the United States Veterans' Administration is required.

Wherefore, Petitioner respectfully requests this Court to appoint Henry Doe as Guardian of the Estate of John Dunn, a Minor.

Peter Dunn

The Consent of the Guardian to serve should be attached to the Petition, in the same form as it appears in 7.1 above. Philadelphia Rule 12.5.B