Legal Question in Wills and Trusts in Florida

wills Florida

my friend is in ill health and wants

to write her will and leave everything

(she has a house but no money) to

her 2 grandchildren age 9 and 13.

should she state that the house is to

be sold and the funds to be divided

equally between the 2 randchildren?

Must the funds be put in a trust until

the children are of age?

What is the legal age in Florida ?

Thank you your services are greatly

appreciated


Asked on 2/08/07, 8:27 pm

2 Answers from Attorneys

Re: wills Florida

Your friend should seek legal advice for this. Legal age is 18, although the money could be placed in a trust that would hold the money longer before distribution. The terms of this trust could be part of her Will. Without a trust document, Florida does require a guardianship be set up where minors are recieving more than $15,000. The guardianship does not have to be set up until money is distributed. Again, I suggest you see an attorney about this.

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Answered on 2/09/07, 10:58 am
Scott R. Jay Law Offices of Scott R. Jay

Re: wills Florida

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.

Your friend should consult a qualified attorney to review her legal needs. The house should be given to the grandchildren in a trust that can either sell the property and hold the monies or hold the property and maintain it until the children are old enough to take possession. The legal age is 18 in Florida.

Although a Last Will and Testament is very important, she should also consider other instruments including a Power of Attorney, a Durable Medical Power of Attorney and perhaps a Living Will.

Scott R. Jay, Esq.

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Answered on 2/12/07, 1:08 am


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