Navigating Guardianships of a Minor’s Estate

Guardianship of a Minor’s Estate

This week we take a look at Paul Walker’s death and the legal guardianship of his daughter. TMZ has reported that the actor left his $25 million dollar fortune to his 15-year-old daughter, and asked that the probate court name Paul’s mother as the legal guardian of Paul’s daughter, as well as the legal conservator of the $25 million.  TMZ calls this “curious language,” particularly as Paul’s baby mama, the mother of Paul’s daughter, is alive.

Understanding Legal Guardianship For a Child

Curious language?  Meh.  If we had been the legal guardianship lawyers for Paul Walker, we would have drafted similar language, naming a legal conservator for Paul’s daughter other than the child’s mother.  Under Florida child custody law, a parent is considered the natural guardian of the child and does not need to be specifically named.  But if both natural parents were dead, a third person would be appointed legal guardian by the court.  Paul Walker named his mother as that third person.

Finding the Right Child Custody Attorney

At Your Caring Law Firm our clients whom are estranged from the other parent of their children also invariably wish to name someone else to be in charge of the money on behalf of their minor child.  They rarely want to give the baby mama control of the wealth.  We would have left the money in a trust for the benefit of the child.  This would afford the child privacy, and limit the child’s ability to be victimized or hurt her with the money. When choosing a minor’s guardianship attorney, be sure to chose one who has the best interest of your child at heart.

Have questions that we didn’t answer or know someone who has child custody and estate planning needs? Call us at (407) 622-1900 or contact us.