Legal Question in Wills and Trusts in Florida

As executrix of my ex-husband's will, I received Testamentary letters from probate court. I now have full custody of our 17-yr-old daughter as we had shared custody before his death. She is the sole beneficiary on his life insurance. The life insurance company is asking for financial responsibility letter from the court. I did not receive that letter, only testamentary letter. Do I need something further from probate? I want to put her funds in local bank so that we can access for school and such. His death occurred in Georgia and we are residents of Florida now. Thank you in advance.


Asked on 10/05/16, 11:42 am

4 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

The better question is what the insurance company means. Call the insurance company and find out exactly what they want, and whether the letters from the court will suffice. It's possible a sample or form letter is available online on the company's website. Ask the representative.

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Answered on 10/05/16, 11:47 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

The minor would need to have her funds placed in a guardianship. I agree with Mr. Kaufman, you need to know what the financial responsibility letter is that they are looking for. it has no legal meaning in and of itself. You have an attorney representing you? you need to discuss this with your attorney. if the death was in Georgia and the estate is in Georgia, you need an attorney up there to answer probate questions. as for your current residence that is why the minor requires a guardianship to receive her funds. You need an attorney to discuss this with who is familiar with Florida law.

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Answered on 10/05/16, 11:50 am
David Pilcher Bogin, Munns & Munns, P.A.

I suspect the insurance company may want you to establish a guardianship of the property for your daughter. As her parent, you are the natural guardian of her person until she turns 18, but if the amount of money involved is over $15,000, Florida law requires that a guardianship of the property be set up so the court will be satisfied that the money went to your daughter's benefit and not yours. If you need to set up such a guardianship, you will need an attorney's help.

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Answered on 10/05/16, 11:54 am
David Slater David P. Slater, Esq.

I believe Mr.Pilcher is correct. Since you both reside in Florida you would petition the Circuit Court where you live.

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Answered on 10/05/16, 11:58 am


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