In Florida, minors can be named as a beneficiary of real property, but they cannot inherit real property until they reach the age of majority in Florida, which is 18. If you have minor children and you own real property, then you should consider speaking with an attorney about the options for your minor children to inherit your real property.
If you pass away with a minor child, someone will need to be appointed to manage your real property on behalf of your minor child until your minor child reaches 18. If someone is not appointed by you, then a court will appoint someone. The individual appointed by the court might not be the same individual you would have named, so it is best for you to prepare for this situation.
The following are two ways to appoint someone to manage real property that you intend for your minor children to inherit:
- Guardian – You can appoint a guardian in your will or other written declaration. If no guardian is appointed by you, then a court would appoint a guardian, which is usually the surviving spouse unless the spouse is deceased or otherwise unable to serve. Members of your family can petition the court to act as your child’s guardian and the court will decide who to appoint.
- Trust – In a trust, you can indicate when and how your child will inherit your real property. If your child is a minor at the time of your death, you can instruct your trustee to manage the real property until your child is a certain age.