Legal Question in Wills and Trusts in Florida
Will status with minor children
My ex wife recently died (in Florida), leaving behind our 2 daughters, the family home and life insurance. My question is this: she left a will naming her brother as the administrator of her will, and set into trust for our daughters her estate. Her brother does not live in Florida, and knows my children on a casual basis. In the will it states that he has total control and say with regards to the estate monies until the children turn 28 years old. To complicate matters, my name is still on the deed for the home. I know that there were bank accounts jointly held in my ex-wife and childrens names. Are those sublect to probate and the estate, or are those funds my childrens? My concern is that he could squander the monies, with no repercusions for the childrens well being. Her family has gone into the home, removed all the belongings, changed the locks, etc. and have yet to notify me, the childrens gaurdian as to the status/plans. Are the children going to have to wait until age 28 to receive any personal items from the home? Is the home theirs at this point, or subject to the terms of the will?
1 Answer from Attorneys
Re: Will status with minor children
It sounds as though the home is homestead property. With minor children, the home cannot be devised by will. The children should have a right to occupy or continue to occupy the home without interruption. You may actually be the present and full owner of the house, depending on how and when the house was titled in your name, and what the divorce decree says. Consult an attorney to investigate the details.
Although you are your children's guardian, you are only "guardian of the person." Whatever estate your ex-wife left to them will be administered as she wanted (in this case through a trust with her brother as trustee, until all children have reached 28). There are legal safeguards (although not as powerful as there are with guardianships). You can and should keep an eye on your brother's administrating of the trust. As beneficiaries, the children have certain rights and although the trustee has a fiduciary duty to protect them, as the father and guardian, you should make sure he does.
Best wishes.
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