Grandma left $25,000 in her last will & testament to each of her six grandchildren, all minors at the time of her death, living in different states. She left the bulk of her residuary estate to her husband. This should be a very simple probate proceeding, but, alas, it is not.
The Legislature and the courts carefully guard the funds of persons with disabilities, including "infants," persons under the age of majority. SCPA 2220(1) provides that a bequest of $10,000, or a distributive share, or the proceeds of an action for wrongful death or personal injury, may be paid to the infant’s parent, but funds exceeding this amount must be paid to the guardian of the infant’s property. The posting of a bond, otherwise required, may be avoided under certain circumstances.1
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