Guardianship of Bernstein v. Miller

Appellants Jacqueline and Joseph Bernstein were minors when their father died, and guardianships were accordingly established to protect the property they inherited. Shortly thereafter, and during the minority of the children, irrevocable trusts were created with court approval which would continue until the children reached age thirty. This litigation involves the issue of whether, where the guardianship assets were transferred into trusts, the guardian/trustee was required to follow the statutory requirements for a guardian while the children were minors.

Larry Bernstein died in 1992,…