Legal Question in Wills and Trusts in Florida

Re: guardianship of my own child

A Guardianship action needs to be filed requesting that you be appointed as guardian of the property.

Re: guardianship of my own child

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Although you may be the natural guardian as the parent of the child, you do not have authority to act in any legal matter in that role. You need to file a Guardianship of the property of a minor over the child in order for the child to inherit unless you were specifically as such by the grandmother. Even then, the court may require the filing. As such you will have to attend a guardianship class and file annual financial reports regarding the child's monies. Additionally, the monies will most likely be required to be placed in a restricted depository for the benefit of the child. You will need the services of an attorney to assist you in filing this matter.

Scott R. Jay, Esq.

Re: guardianship of my own child

A mother, as natural guardian of her child, would have the right to take control of these funds if they were less than $15,000.00. If the funds are greater that that, you will need to retain an attorney.