Legal Question in Wills and Trusts in Florida
Benefeciary's rights along with minor
I am a named beneficiary and health surrogate to my Great Aunt's estate. Along with me there are three additional beneficiaries, her granddaughter, and her two (minor) great grandchildren. 1 year prior to my great aunt's death her only son passed away. She has been a widow for morethan 12 years. My great aunt had a very strained and arms length relationship with her granddaughter. My aunt never intended to leave anything to her granddaughter. But wanted to make sure that the minor children had something towards their future. Upon the death of my great aunt's only son, the granddaughter did not feel the need to contribute ANYTHING towards my great aunt care. A Trustee is named in the will and the property is under currently under contract. An independent family member is the Trustee and not named as a beneficiary to anything. I understand that a guardian needs to be appointed for the minor children, yet one has not been appointed. How are the proceeds from the sale to be distributed. Can the disbursement of funds still go to the adult Beneficiaries? If so, does the closing agent disburse these funds?
2 Answers from Attorneys
Re: Benefeciary's rights along with minor
If I understand your question correctly, your great aunt has died, her estate is in probate and there are four heirs, two of which are minors. On the sale of estate property, payment should be made to the estate. Whether the Personal Representative has authority to distribute the funds directly to the heirs will depend on what county you are in and what Judge you have, as these powers will vary county to county. By statute, there will have to be guardianships set up for the minor children if they are to recieve over $1,000.00. It would be best for these to be set up prior to any distributions, so that final distributions can all be made at the same time.
Re: Benefeciary's rights along with minor
As the son pedeceased, and the granddaughter is not a named beneificiary, she receives nothing.
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