Legal Question in Wills and Trusts in Florida
will states daughter to be executor and benificary of ins.(a 4 yr.old great gran
My grandson a 4 year old is named as benificary of his great grandfathers, veterns insurance policy.My daughter is the legal guardian of the said 4 year old.The decesed included in his will the statement that the executor(his daughter)was to manage and invest at her discression all moneys realized.The daughter(executor)is demanding my daughter cash the policy and turn the funds over. What is my daughters responcibilty,to her son or to the estate?
2 Answers from Attorneys
Re: will states daughter to be executor and benificary of ins.(a 4 yr.old great
The insurance proceeds do not belong to the estate, so the executor (personal representative, in Florida) does not have any right to them. If the total does not exceed $15,000.00, the monies may be paid directly to the natural guardian of the child (Florida Statute 744.301). If in excess of that amount, they must be paid to the court-appointed guardian for the child, who would then account for them in filings with the court handling the guardianship.
Re: will states daughter to be executor and benificary of ins.(a 4 yr.old great
If the minor child is the named beneficiary of the life insurance policy, then the money goes directly to the minor outside of probate. It would not be part of the probate estate. Still, depending on the amount of money involved, the minor's natural guardian may want to set up a formal guardianship to safeguard these funds for later use by the minor. As I believe certain steps must be taken to protect the minors interests, I recomend you speak with an attorney.