§ 26-60. How property of nonresident infant, incapacitated person, or other person under physical or mental ...
When any infant or incapacitated person entitled to property or money in this Commonwealth, resides out of it, a petition to remove such property or money to the domicile of such infant or incapacitated person may be filed by his guardian, conservator or committee, or other fiduciary lawfully appointed and qualified in the state or country of his residence, in the circuit court of the county or city in which the property or money, or some part thereof, is located. If entitlement to such property or money was acquired other than by a will or was acquired by a will that restricts such transfer out of this Commonwealth, the infant or incapacitated person, and the guardian of such infant or the conservator or other fiduciary of such incapacitated person appointed in this Commonwealth, if there is one, shall be made parties defendant to this petition. The court shall appoint a guardian ad litem for the defendant, who, as well as the conservator or other fiduciary, if there is one, shall answer the petition on oath. Upon a hearing of the case on its merits or upon the petition without hearing if entitlement to such property or money was acquired by a will that does not restrict such transfer out of the Commonwealth, the court may order the fiduciary to pay and deliver to such foreign guardian, conservator, committee or fiduciary, or his agent or attorney, all personal property and money in his hands belonging to the infant or incapacitated person, and authorize the foreign guardian, conservator, committee or fiduciary to sue for, recover, and receive all money or personal property which belongs to the infant or incapacitated person, including the accruing rents of his real estate, in like manner as if he were appointed a guardian, conservator, committee or fiduciary of such infant or incapacitated person in the Commonwealth, and remove the same to the state or country in which the foreign fiduciary was appointed and qualified.
(Code 1919, § 5350; 1968, c. 399; 1983, c. 487; 1997, c. 801.)
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