Legal Question in Wills and Trusts in Florida
guradianship
My daughter is 15. Her father died when she was 8 without a will. We were divorced. His family attempted to take his estate and assets and I fought them for them and a guardianship was established for my daughter with a court order. I receive SS benefits for her and have since she was 8. The Guardianship is now telling me these benefits should have been flowing through the guardianship and not to me. SS told me the benefits are to go to whomever the child lives with and is taking care of her. They are also asking me to disclose my salary to them for tax reasons. Can you tell me in what instance the benefits would go through the guardianship instead of to the natural guardian?
Thank you
1 Answer from Attorneys
Re: guradianship
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.
Generally, social security benefits would flow to the guardian. Most probate courts in Florida will grantw a motion to have the payments paid directly to the person taking care of the child if properly presented to the court. The motion would show that the benefits are necessary for the day to day expenses of raising the child. Speak with your attorney to have such a motion filed.
Scott R. Jay, Esq.
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