Art. 4238 Heirs of tutor; responsibility

When a tutor (the person legally responsible for managing a child's property and affairs) dies, that job does not automatically pass on to the tutor's children or family members. Being a tutor is a personal responsibility given to one specific person, so it ends when that person dies.

However, someone still needs to look after the child's property until a new tutor is appointed. The rule says this job falls to whoever is handling the deceased tutor's estate, or to the tutor's adult children if they have accepted their inheritance. They must manage the child's property responsibly during this in-between period, even though they are not the official tutor.

This rule protects the minor's property from being neglected or mismanaged while the court finds and appoints a replacement tutor. It creates a temporary safety net so there is always someone accountable for handling the child's financial affairs.