Andrew Ray Boyer's Answers

Ladybird deed?

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...

1 lawyer agreed with this answer

5 people marked this answer as helpful

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

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...

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

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.

Husband death and probate

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...