Legal Question in Wills and Trusts in Pennsylvania

Establishing minor guardingship

I have a degree in Paralegal, and am the Personal Representative to my Grandmothers Estate. I have an Attorney handling the matters, as I live in Pennsylvania and the estate is in Florida. However, I have to establish guardianship for my minor daughter, as she was named in the will. Since my attorney does not handle these matters, he referred me to another attorney in the area charging $600.00 plus court and filing costs. This whole thing bothers me, as i am paying for services that I am educated in knowing how to handle. However, upon doing research on this topic, I now understand that a court appearance is required. Is this true in the State of Florida? If not, is it feasible for someone in another state to handle the legal documents and needed paperwork in establishing guardianship? Are there requirements placed on the person that will be established as their legal guardian?

Bottom line, I would like to handle this matter myself and save the estate these monies. Is this possible from another state?

Thank you very much,


Asked on 5/21/00, 10:12 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: Establishing minor guardingship

I am not licensed to practice law in FL and know nothing about its procedures. Many courts that handle estates are willing to give you some information by phone. I would suggest calling the Register of Wills or Surrogate's court or local equivalent in the FL county that is handling the estate and ask if there is some way you could also seek guardianship of your minor daughter by mail rather than having to appear. If the FL court accepted or appointed you as personal representative, and you are not a FL resident, perhaps it will also be sympathetic to your attempts to preserve the estate for its beneficiaries.

As a side question, if your grandmother had a will, did it not provide for trusteeship for any bequests for the benefit of minor heirs? Or are you personal representative of an intestate estate?

You could also try calling the local country bar association to try to find other lawyers who would be willing to "unbundle" their services, by providing you only with the assistance you need, but permitting you to do the work yourself. You must keep in mind that while you are a trained paralegal, you are not familiar with FL procedures, law and rules. Also, be clear that you will be acting in your personal capacity as personal representative and as would-be guardian of your daughter's interest, otherwise you may be risking unauthorized practice of law activities.

Good luck.

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Answered on 7/05/00, 4:09 pm


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