Protecting Minors’ Interests in Florida Trusts and Florida Estates: guardian ad litem

In Florida probate disputes and trials, Florida probate lawyers and Florida probate courts know that the property interests of a minor beneficiary must be protected.   Florida judges in Palm Beach County, FL,  Broward County, Florida and Miami-Dade County, Florida regularly appoint a Florida probate lawyer to serve as a guardian ad litem for the Florida estate or trust beneficiary.   A recent case or Florida opinion released at the end of September in Miami-Dade County, Florida reminds us that the guardian ad litem serves an important purpose.  Although the case is not a Florida probate case, it does involve family issues and money.  Non attorneys may also be appointed as a guardian by a Florida probate court, particularly when there is money in an Florida estate or a Florida trust.  Guardians who may be appointed to serve in Ft. Lauderdale, Miami or Palm Beach Gardens, Florida  cannot practice law in probate courts or civil courts in Florida.  They need to hire a Florida probate lawyer. So, a non lawyer Florida guardian is not permitted to question witnesses or conduct depositions.  Those actions amount to the practice of law, which is only permitted if a probate lawyer is licensed to appear in Florida probate courts by the Florida Bar.   Whose watching the inheritance rights of the Florida minor in a Florida probate dispute or a Florida trust dispute? The Florida estate administrator or the Florida personal representative or the Florida trustee has a duty to protect the entire estate or trust.   To protect a minor beneficiary’s rights in a Florida estate or trust, consider asking the probate judge to appint a guardian ad litem: someone who can investigate the estate or trust assets, learn their value, and protect one’s rights and inheritance.  Advocate hard.  Litigate smart.