Florida | Banking Law
Legal Question
If a father places funds in his minor sons/daughters accounts and he dies .Do other successors have claim on those funds
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Legal Answer
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Read More Answered By: Sarah Grosse |
This is a probate issue. I do not think that other successors have claim to those funds if they are already in the son's/daughter's accounts which have the minor children's names listed as beneficiary on the account (exempt property). However, minors cannot receive the funds directly and their guardian may receive the funds to hold in trust. If the funds in the account were just saved under the deceased's name, and you know they were ear-marked for the kids, other beneficiaries may have claims against it, and an interested party should contest that probate administration (you would go to court, say what you know, and wait for a judge to decide) (caveat: intestate succession). If there was a trust account set-up for the kids, then the answer is decidely no, the trust is the kids' and it passes out of probate.
Note: I just gave you some brief thoughts. A lot of law is involved here, including if there is spouse (or other kids' mom), creditors of the estate, trust accounts, guardianship of minor children, and more. You need a lawyer to look into this for a price (not on LawGuru). |
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