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Andrew Ray Boyer

Andrew Boyer’s Answers

4 total

  • What forms does grandmother need to file to gain custody or guardianship over grandchildren?

    The mother abandoned the children five years ago to be raised by father and grandmother. Father has recently deceased. The mother has numerous drug charges and recently spent time in prison. Additionally, she had another child and gave that one...

    Andrew’s Answer

    The grandmother may wish to consider filing a Petition for Temporary Custody by Extended Family member under Florida Statute chapter 751. 751.01 explains in clear terms the purpose of the act and includes the types of legal powers an extended family member may be granted. If you wish to proceed on your own, the Clerk of the Circuit Court may have the required forms, however if it is not done correctly, it's possible the case could be dismissed by the judge. I would recommend consulting with an attorney or your local legal aid office to ensure the case is correctly processed.

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  • Is it necessary to go to court for guardianship of a two yearold, if the parents, dependants, consent using notarized form?

    Young parents wish maternal grandmother to be guardian of their child. All live together in Florida. Dependants of maternal grandmother. Due to healthcare insurance coverage wanting guardianship proof, is notarized form sufficient or do all have...

    Andrew’s Answer

    As an alternative to guardianship, the grandmother and parents may wish to consider filing a Petition for Temporary Custody by Extended Family member under chapter 751. Florida Statutes Chapter 751.01 explains in clear terms the purpose of the act and includes the types of legal powers an extended family member may be granted.

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  • Husband death and probate

    My husband died while we were separated and he took all monies out of our account and into his own. Changed his life Ins policy to sister and son...I have a mortgage and all debts left on my shoulders and I do not have 100.00 to my name. I am to...

    Andrew’s Answer

    The first question is whether or not there is a will because that will determine who the beneficiaries of his estate are. Assuming a spouse is left out of another spouse's will, Florida has statutory protections in place for a surviving spouse. However, these statutes can be very complicated and you will have to consult with an attorney to determine how these statutes may benefit you.

    You should also discuss with your attorney about the possibility of pursuing an action to recover monies taken from your joint account. If you cannot afford an attorney, you may want to call a local Legal Aid Office to see if you are eligibile for their services.

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  • Ladybird deed?

    Can someone explain to me what a ladybird deed and what does it cost?

    Andrew’s Answer

    A lady bird deed, also called an enhanced life estate deed, is a conveyance of property that allows the person with the life estate to transfer or mortgage the property in the future without the need to get the consent of the person with the remainder interest (the person who would get the property if the life tenant died). With a regular life estate deed, the person holding the life estate would need to get the consent of the person holding the remainder if they later wanted to sell, gift or mortgage the property. The lady bird deed is not valid in certain states. As with any deed or estate planning device, you should check with an attorney in your area to determine if it is right for you. Lady bird deeds are generally more expensive than regular deeds and the price generally changes based on where you live.

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