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Gerald Walter Pierre

Gerald Pierre’s Answers

9 total

  • In Florida, does guardianship override custody?

    I signed a notarized document allowing my sister to care for my son with asphergers syndrome, due to my availability to school for him, she somehow obtained guardianship through the court, I never saw a judge.. Does my custody override her guardia...

    Gerald’s Answer

    Your sister may have used your notarized document to obtain a temporary guardianship under the Florida statute allowing for Temporary Custody of Minor Children by Extended Family, explaining and defining the relationship of the family member who has physical custody of the minor child and what they authorized to do for that child. It is important that you find a guardianship attorney in your area who can review the documents in question and properly advise you.

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  • How do we get an attorney that we can trust and work for us?

    My brother was murdered in Nebraska cremated before the family was notified the bar he owned was broke into his safe was cleaned out Valentine Police refused to open case, never took fingerprints off of his safe.Police Logan Daily stated my brothe...

    Gerald’s Answer

    You should also contact the Nebraska Bar chapter based in the county where your brother was murdered for assistance as well. I'm sorry for your loss.

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  • Can I, as his legal guardian obtain a divorce asap to avoid this fiasco?

    I am my husband's legal guardian...he has alzheimers...he was awarded a huge amount of money in disability....BUT he owed back child support therefore about 80% went to child support...in doing our taxes this year the cpa informed me that he will ...

    Gerald’s Answer

    You need to speak to your guardianship counsel and discuss this matter. It will be necessary to receive special court authorization for such a proceeding as well as the appointment of a guardian ad litem to protect your husband's interest.

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  • Temporary guardianship in florida

    I want to give temporary guardianship of my 17 year old daughter to a family friend. Can I just write a letter saying that I am giving them temporary guardianship and notarize it instead of going to court and getting a lawyer?

    Gerald’s Answer

    To provide you with a complete answer a number of questions would have to be answered, and you should consult with an attorney.

    If you wish to obtain a court order at minimum expense and represent yourself pro se, then you may want to use the the family law forms that the Florida Supreme Court has approved for public use. The site is located here - http://www.flcourts.org/gen_public/family/forms_rules/#970 . Once you are at the site, go to the section marked "Temporary/Concurrent Custody". Remember you are respoonsible for the filing fees.

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  • When does a will have to be probated?

    my husband and I left everything to each other - so does a will have to be probated in this instance.

    Gerald’s Answer

    If there are assets that need to be transferred within probate to the surviving spouse, then the will has to be submitted to probate. If all of the assets are jointly held, then there may be no need for probate.

    It may be best for you and your husband consult with an attorney regarding your estate plan to make sure everything is transferred as you both wish.

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  • How to get trust assets unfrozen that were frozen by our attorney in the court?

    My sister and I served as co-guardians for our Aunt who died in Sept. 2008. Our attorney filed the Petition and Order for Discharge without unfreezing the trust assets. He has ignored our requests to unfreeze the assets and the inheritance cannot...

    Gerald’s Answer

    To answer your question properly more information is needed.

    However, the guardianship assets in the restricted depository may be frozen pending the commencement of the probate proceedings. Once the probate has commenced, then guardianship restricted account can be retitled in the name of the probate matter.

    It is important to note that the funds cannot be disbursed until there is the appropriate Court order. There are many steps, including the admittance of the will to probate, the determination of heirs, payments to creditors, the payment of taxes, etc. - before there can be any final disbursement to beneficiaries/heirs.

    Many of these questions can be answered by your attorney. If your attorney only handles guardianship matters, you may need to retain an attorney who handles probate matters.

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  • Can you cross out and change names on a trust or do you need to type up a new one

    i want to change a person's name on a trust and want to know if i need to write up another trust or can i use the same one

    Gerald’s Answer

    The terms of the trust should indicate under what conditions and how any modification of the trust is to be made. Your ability to change the trust may also depend on who you are - the settlor who may have created the trust or the trustee who is responsible for administering the trust. In some cases, you may have to get a Court order before any modification can be made.

    Your best bet is to consult with your attorney and have the trust reviewed.

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  • Urgent! Elderly Grandfather in State Custody, need legal advice

    I am a 45 year old Florida native and I currently live in Texas but am moving back to central FL in the next few months. My 91 year old step-Grandfather (who had been in my family for 40 years and my siblings and I consider him as our Grandfathe...

    Gerald’s Answer

    Under these circumstances, you need to speak with both the Court appointed attorney who represents your grandfather and the (limited or plenary) guardian who has been appointed to manage your grandfather's affairs.

    As for your grandfather's assets, they can only be sold by Court order. Depending on the county, the proceeds will be deposited into a restricted account. These funds cannot be disbursed without a Court order as well.

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  • Power of attorney was notarized, but notary not present when papers were signed, help!

    An elderly/disabled person, 66, in hospital, stoke, brainstem. after their death it was discovered. someone obtained a POA, withdrew large sums of money, enter safety deposit box, cashed large checks. The POA was notarized, but notary not present ...

    Gerald’s Answer

    While I am not authorized to practice law in your state, I would recommend that you contact the Governor's Office of Elderly Affairs (http://goea.louisiana.gov/) to discuss the matter.

    Further, you can contact either your state or local bar association for assitance in locating an attorney who can assist you.

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