Legal Question in Family Law in Florida
wills
If I have a notarized will that assigns a legal guardian to my minor child, do I have to file it at the courthouse for it to be legally binding? Or just the fact that it states who will care for my child in the document enough?
2 Answers from Attorneys
Re: wills
Neither, for guardianship. The will has to be filed with the court when you open a probate administration, for estate purposes. When it comes to guardianship, whether the will has been filed or is simply presented as an exhibit in guardianship proceedings, it does not end there. The nomination made in a will is only a preference that the judge can take into consideration. The actual appointment is made by the judge. What's in the will is a nomination, not an appointment, and is therefore not quite "legally binding."
Re: wills
There is no requirement that you file the will with the court until the time that it needs to be probated and read.
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