Asked in Estate Planning, Real Estate Law, Family Law and Probate for Florida

Q: Can the property of a minor be put into a trust with an appropriate court order?

Last year my daughter's father suddenly passed away. She inherited his home as well as a small mortgage.

Being the mother of the child I have been appointed as her legal guardian. The property has been put in her name and this is causing a ton of problems, for example most insurances are refusing to write a homeowner's insurance policy in the name of a minor despite me having full power to administer this property.

I'm wondering if I can petition a judge to have this property be put into a trust as suggested by an insurance agent.

I'm also wondering if my attorney should have thought about this or if this is a standard/automatic process when there is no will.

Thank you.

1 Lawyer Answer
Anita Nguyen
Anita Nguyen pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: I'm unsure if you have already consulted with an attorney as of now. If you haven't, it is crucial that you promptly get in touch with a lawyer to receive guidance throughout this complex procedure. Moreover, the lawyer can provide assistance regarding any possible tax consequences. It is strongly recommended that you promptly seek legal counsel.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.