Naming Guardians for Your Minor Children in Miami

For Miami parents, no part of estate planning feels more urgent than deciding who would raise your children if you could not. Florida law lets you name that person in your will, but only if you do it correctly. This checklist walks South Florida families through naming guardians and setting up the safeguards that go with it.

Name the Guardian in Your Florida Will

Under the Florida Probate Code, parents can nominate a guardian for the person of their minor children in a valid will. Your will must meet Florida’s execution requirements (Section 732.502): signed by you and witnessed by two competent witnesses. Without a properly executed will, a Miami-Dade court decides who raises your children with no guidance from you, often among relatives who may not be your first choice.

Understand the Two Roles

Florida separates two jobs that people often assume are one:

• Guardian of the person handles daily care, schooling, and upbringing.
• Guardian of the property manages money and assets a minor inherits.

The right caregiver is not always the right money manager. You can name different people, or better yet, keep the money out of a court-supervised guardianship altogether using a trust.

Keep the Money in a Trust, Not a Guardianship

If a minor inherits assets outright in Florida, the funds typically fall under a court-supervised guardianship of the property until the child turns 18, then transfer in a lump sum. Most Miami parents prefer a better path:

• Create a revocable trust (Chapter 736) that holds the inheritance for your children.
• Name a trustee to manage funds for education, health, and living expenses.
• Set ages or milestones for distributions, so an 18-year-old does not receive everything at once.

Choosing the Right Guardian

Think beyond your first instinct. For Miami families, practical factors include:

• Whether the person can realistically take on children, given their own family and age.
• Location: would your children stay in their Miami-Dade schools and community, or relocate?
• Shared values around upbringing, religion, and education.
• Naming at least one alternate in case your first choice cannot serve.

Don’t Forget the In-Between

If something happens suddenly, who cares for your children in the first hours before your named guardian arrives? Some Miami parents prepare a short standalone document authorizing a trusted nearby person to make temporary decisions. Combine this with a durable power of attorney (Chapter 709) and a health care surrogate for yourself, so the whole family is covered.

Your Miami Guardian Checklist

• Execute a valid Florida will that names a guardian.
• Name an alternate guardian.
• Decide whether the caregiver should also manage money.
• Set up a trust so inheritances avoid a court guardianship.
• Talk with your chosen guardians before naming them.
• Revisit your choices as children grow and circumstances change.

Talk to a Florida Attorney

Guardian nominations and children’s trusts must be drafted to meet Florida’s requirements, or the court may not honor your wishes. Before relying on general guidance, consult a licensed Florida estate planning attorney to put a complete, valid plan in place for your family.