Legal Question in Wills and Trusts in Florida

When a mother dies , no will, two minors, father of the children gets the children, who handles the estate for the children and his deceased exwife.

Asked on 2/13/13, 10:15 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

did the mother leave a will? If she died intestate and you were divorced, then the estate funds go to the children and should be placed in a guardianship account for the children and handled by who ever the court appoints.

If I can be of assistance, p lease contact my office for an appointment. 904-997-1031

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Answered on 2/13/13, 10:44 am

David Slater David P. Slater, Esq.

The court must appoint a guardian for the property of the children. The guardian will then petition the court for probate of the estate.

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Answered on 2/13/13, 11:13 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

In all likelihood the Court will appoint the natural father as the guardian for the minor children's funds as he is already the natural guardian of their person. The father should file for the probate of any Estate assets. If he does not do it, then any interested person can do it.

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Answered on 2/13/13, 11:17 am

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