What to do if my daughter passed away and had a minor child?

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What to do if my daughter passed away and had a minor child?

She is divorced. I would like to set up a trust for her child after liquidating her assets in order to prevent the ex husband from spending the money frivolously ( He has a very bad drinking problem). What is the best way to go about doing this?

Asked on June 23, 2013 under Estate Planning, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since she is divorced, he would not inherit. At this point, he wouldn't even be considered as a trustee or administrator on the estate. If the daught is living with him, you may wish to seek custody of the child and then set up a trust (spendthrift) for this child by meeting with counsel. Counsel can help draft all the necessary documentation but if he has a drinking problem, you should seek to get the child out so that there are no issues.


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