Lynn B. Aust's Answers

Grandparents need help with guardianship of grandchild

Unfortunately, Florida law requires you hire an attorney to seek guardianship. This is not something you can do without the assistance of an attorney. I understand you are trying to keep your costs down and if your daughter will sign the consent for you to seek guardianship of your granddaughter, it will be less expensive than if you sought guardianship without her consent. The process would require filing a petition to the court asking for guardianship, an application completed by you,...

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Can a brother seek guardianship of minor 14 year old sister

Under Florida law, you may seek guardianship if you are 18 years or older and have no felony convictions. Please be aware that your sister's parents, if they have no felony convictions would have priority. If they are not alive, they have abandoned your sister or would willingly release to you by signing a consent, then the court would likely favor you provided her grandparents or her other siblings do not seek guardianship of her also.

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Getting guardianship

To be named as a legal guardian in the state of Florida you must be a minimum age of 18, have no felony convictions and be of sound mind. If you are qualified and willing to serve and the family members of the incapacitated person (the Ward) are in agreement to accepting the position, you hire an attorney who practices law in the area of guardianship and start the court process. There typically will be a background check performed on you, a hearing before a judge with your attorney to determine...

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Real estate, estate planning and trust law in FL state, process of purchasing real property in a revocable trust

You may have trouble obtaining financing if the trustee of the revocable trust is purchasing the home. If the trustee is paying cash, then there are several variables to consider. We need to look at the language in the trust. If the person who set up the trust (called Donor or Grantor) and the trust document also names the Donor as the initial Trustee, then they would be considered the Trustee. A successor Trustee is the person who steps into that position after the initial Trustee is unable...

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Should I guardianship over to the state?

If you are granted Letters of Guardianship over your father's assets (Guardian of the Property) then your role would be to pay his bills and protect his assets on his behalf. These obligations can easily be done long distance with online banking, have his bills sent directly to you and a local property manager to look out for any real estate your father may own. Your annual accounting to the court can all be handled remotely. Our office has several out of state guardians ....one is in Hawaii!...

Estate planning and probate law, distribution of life insurance to beneficiaries, exempt from probate

I cannot tell from your question what state your father was a resident of so please keep in mind I am only licensed to practice law in Florida. Life insurance death benefits are typically distributed to the named beneficiaries when the life insurance company receives notice of the death and a death certificate. If you have the life insurance company name, I would call them to notify of your father's death and ask if you are the beneficiary. If you are not, it is unlikely they will give you any...

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