Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a minor inherits property or holds an interest in an estate in Florida, the court must appoint someone to safeguard those assets. You can protect a minor’s estate interest in two main ways: by appointing a guardian of the property under the Florida Guardianship Law (Chapter 744) or by appointing a guardian ad litem under the Florida Probate Rules.
1. Guardian of the Property
Florida Statutes section 744.301 allows any interested person—such as a parent, grandparent, or estate representative—to petition the circuit court’s Probate Division to appoint a guardian of the property for a minor. Key steps:
- File a petition stating the minor’s inheritance details and the need for asset management.
- Serve notice on the minor, the minor’s parents or legal guardians, and any other interested parties at least 10 days before the hearing.
- Attend the court hearing, where the judge evaluates the minor’s best interests.
- Upon approval, the court issues letters of guardianship authorizing the guardian to manage the minor’s assets.
- The guardian must post a bond as described in Florida Statutes section 744.441 to secure performance and guard against mismanagement.
Statutes: Fla. Stat. §744.301; Fla. Stat. §744.441.
2. Guardian Ad Litem
The court may also appoint a guardian ad litem (GAL) to represent a minor’s interests in a probate proceeding without establishing a full guardianship. Under Florida Probate Rule 5.650, a GAL—often an attorney—acts as the minor’s advocate. Process steps:
- A party files a motion or request for a GAL appointment in the pending probate case.
- The court reviews applicants’ qualifications and selects a GAL.
- The GAL investigates the estate plan, consults with family members or guardians, and submits recommendations to the court.
Helpful Hints
- Begin the process early; a guardianship petition may take several weeks to resolve.
- Gather accurate valuations for all inherited assets before filing.
- Understand bond requirements—higher estate values require larger bonds.
- File annual reports and accountings on time to stay compliant with court orders.
- Notify the court and interested parties before making any significant transactions.
- Consider consulting a probate attorney for complex estates or contested matters.