Legal Question in Wills and Trusts in Florida
no-will property distribution
If a divorced father of minor children dies without having a will or designated beneficiaries to his property who is left to receive the property, the guardian of the minor children or the father's parents?
2 Answers from Attorneys
Re: no-will property distribution
Since the children are the rightful heirs the guardian of the children must petition the court to be appointed the personal representative of the estate immediately. Once appointed by the court they will have authority to collect all the assets. If any have been taken without authority they can be returned. Call me should you need representation. Good luck.
Re: no-will property distribution
In Florida, if a person who has been divorced and has not remarried dies without a will, the probate estate will pass to his children. The estate would pass to his parents only if there were no children. If the children are minors, then a guardianship would need to be established so that the funds would be under court supervision. Please give me a call if you would like to discuss these issues in more detail.
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