Legal Question in Wills and Trusts in Florida
Money willed to a minor
My wife's father dies 11 years ago. He left 10% of his estate ($30,000) to his 8 year old grandson, Chris, and had his father (David) as the custodian. It is now 11 years later, the father has basically abandoned his son, remarried and moved out of state. He never gave Chris ANY money and I don't think Chris ever knew about his inheritance. At dinner the other night Chris was upset because he had no money to go to school. I told him about the money his grandfather left him, and asked if his father had ever mentioned it. He said ''No''. My question is what recourse does Chris need to take to get his inheritance. I suspect that his father spent it all over the last 11 years paying rent, food, ect. I looked up the UGMA Act online, and it looks like his father shouldn't have spent a penny of the money. Rather he should have invested it in an interest bearing account. How can we get this poor kid, who is now living in a small room with his grandmother, his well deserved inheritance? Thank you for your time. Mark
2 Answers from Attorneys
Re: Money willed to a minor
I am surprised that the probate court in this matter would have allowed the funds to be placed in an account where the boys father could have access. You do need to take some action. To start, you or an attorney should review the probate file to determine how much money there was, where the money went, and who had control and under what terms. This will probably require some legal action and so I suggest you retain an attonrey.
Re: Money willed to a minor
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.
Normally, all monies left for a minor are placed in a restricted depository with annual accountings filed with the Court. All expenditures and payments must be approved by the probate court.
Chris needs to meet with a qualified attorney to review his situation. The probate file should be scrutinized for any wrongs committed. It is possible that dad has committed perjury or other unlawful acts. Further, the estate attorney might have some responsibility if the case was mishandled.
Scott R. Jay, Esq.
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