Legal Question in Wills and Trusts in Florida

Re: Trustee verses Guardian

No real reason they can't be both. It would be a goog idea to have alternates named.

Re: Trustee verses Guardian

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.

No, it is not generally unwise to name the same parties as both the guardians of the minor child(ren) and as the trustee of any trust created for their benefit providing you believe that the parents are qualified and able to handle both sets of responsibilities.

Scott R. Jay, Esq.

Re: Trustee verses Guardian

This answer is not legal advice but only a general discussion of legal subjects. Only when all facts are known can advice be accurately given.

These are two positions with two different qualifications. The guardian must raise the children and be good "parents.� The trustee is a money manager and investor, this person or entity must manage the money and someone who will make the children�s money work for them over their lifetime. If enough money is involved, you could appoint a trust company/bank. If the amount of money left is smaller, you could appoint a money manager/investor. Another alternative is a family member that has experience and has demonstrated the ability to invest and budget. One person can be both guardian and trustee; but I prefer to appoint two separate. In addition, you should have alternates for personal representatives, guardians, and trustee.