Guardian ad litem
Somebody the court appoints to speak for an interest that cannot speak for itself in one case.
What it means
Estates sometimes involve people who cannot represent themselves: a child, an adult who lacks capacity, somebody who cannot be found, or a class of people who do not exist yet — grandchildren not yet born who would take under a trust. A court cannot approve an accounting or a settlement that binds them without somebody having looked at it on their behalf.
A guardian ad litem is appointed for that purpose and for that case only. The Latin means "for the lawsuit". They are not a guardian of the person, they do not manage anybody's money, and the appointment ends when the matter does.
The role is investigative rather than advocacy in the ordinary sense: the appointee reviews the position, forms a view of what serves that interest, and reports it to the court. The fee is normally paid out of the estate.
Why it matters
It is a cost an executor did not budget for and cannot avoid, and it is normally the estate that pays it.
It is also a protection: an accounting approved with a guardian ad litem's involvement is far harder to reopen later by somebody who was a child at the time.
When you are likely to meet it
- When a minor or an incapacitated adult stands to inherit and a court has to approve something.
- When a trust names beneficiaries who are not yet born.
- When a settlement of a will contest has to bind somebody who could not agree to it.
How this varies by state
When a court must appoint one, who may serve, and how the fee is set are matters of state law and local court practice.