My husbands father past away leaving his property to his 3 children,no will. Husbands sister and brother wanted to be bought out of there half due to the waiting period and needing money. Our attorney had them sign a disclaimer and told us it made...
In these situations, the best thing to do -- and the cheapest -- is to let the attorney work it out if he or she can as they will likely do it for free to avoid a malpractice claim. Encourage them to ask for input from more experienced attorneys at their cost and just tell them if they can work it out, then you will have no problem, but if not, then you will have to protect your rights. Most attorneys will work their tails off to avoid a malpractice matter and might even pay out losses out of their own pockets if they can't otherwise work it out. Sounds like the attorney thought he or she had a good plan, but it just didn't pan out. Let the attorney start on a plan of resolution. Always easier than filing for malpractice.See question
My husband has a trust set up that has run out of money for reasons unknown to us . We have asked him to send us financial statements for the last 3 years . He's sent us a list of disbursements without any supporting documents . I asked him for...
It may be that there was a tax issue that arose and that he may be trying to avoid involving too many people -- including the courts. The best thing to do is to get an attorney to have a frank conversation with the Trustee as to why the confidentiality is being requested when that is not the norm. As for financial statements -- that is a problem for the trustee. By law in most states, beneficiaries are entitled to an annual accounting regardless of what is stated in the trust. This is not a good situation. Time to lawyer-up.See question
I am the PR and successor trustee . The title doesn't appear to be included on the trust
If the real estate was mentioned in the trust, you can probably get the court to put it in the trust after the fact if your state follows common law on "intent to transfer." An attorney can tell you whether Florida follows that presumption. I like transferring property and/or selling it from the trust. It is a lot easier if you would otherwise have to involve the court in a "best bid/price" process as we do in Nevada.See question
He claims there is nothing in the will and will not send me a copy. how do I get one?
Get to a probate attorney. If there are known assets, then you can get to court and have the court make a demand for any existing will. If there is no will, you can actually begin the probate yourself and your brother would have to come into court to present a will to fight you opening the probate yourself. If there are no assets, then it won't be worth it.See question
A family friend has had horrible problems drugs,stealing ,lying and probably more. We have known her and her child for 8 years or more (he is now 10). She disappeared when we tried to help her. We recently found out that her child was taken away a...
Typically any interested party can get custody if they can prove that care under your supervision would be in the best interest of the child. Overcoming parental rights is hard. You might want to first qualify as foster parents through the state and take all necessary classes and background checks and then once you are approved as foster parents, petition the court and tell the court you are state foster parents and are obviously qualified. The parental rights are hard to severe. you will want to consult a guardianship attorney.See question
My sister is 14 almost 15 years old and lives with her dad because her mother is in prison. She don't wanna live with her father because he verbally abuses her and has a new girlfriend that adds to the abuse her father has joint custody of her. Is...
You must show that the father is abusive and unfit -- or at least make the accusation to the judge. When you do this you will want to ask the court to have the other person be her legal guardian. It takes real evidence to show he is unfit. At age 14, it is likely the court will consider her desires as well. You might want to start with a home evaluation by Child Protective Services. Have the sister call CPS if and when an incident gets particularly out of control. Temporarily, CPS might place her with her brother and the step dad for her protection until it all gets ironed out.See question
i have guardianship now. how do i go about getting his truck back and get her for collecting all of his money for her personal use
As the guardian you have the power to go back in time to set things straight. If your brother was incapacitated at the time, then you should petition the guardianship court to require the return of the vehicle and benefits that were intended for him. As against a wife, that will be interesting, but that is the process. The guardianship court will direct you from there. You will need to personally serve the wife with the petition and the notice of time and hearing as you will likely be asking the court to hold her in contempt if she does not return the items and will want the court to have jurisdiction over her. If you can't afford an attorney, if you do nothing else, tell the court the circumstances in a petition filed with the guardianship court and you MUST give proper notice and serve her personally with the papers. The party serving her has to be independent. Get her in front of the judge and the judge will help you get to the bottom of it all.See question
Regarding Florida Statutes ; Title XIII , 744 . 331 Guardianship , I was told the examining committee would provide independent assessments . In our case one committee member phoned the other committee members and instructed them how to write...
Typically (under common law) the assessment of any one professional can be relied upon by any other professional as long as they agree to the process, procedure, evaluation, etc. That way, you don't have 10 costs of evaluation, but rather one evaluation with questions regarding what procedures and activities were performed. Doctors can rely upon doctors, and so on. You may want to challenge whether it was entirely reasonable for only one to examine for capacity. You can also retain your own expert to contest that opinion which would set it up nicely for an evidentiary hearing before a judge. If you have no other opinion, than the one opinion given typically stands.See question
i feel i would be better suited to be legal guardian over him, he listens to me only, and i am the only one who can calm him down, i never have any trouble with him, he listens to me, the first time i ask or tell him to do something.
I would go ahead and go through the process and get legal guardianship -- but remember that he would no longer have the right to contract, make his own medical decisions, etc. -- but you could help him in that regard. I have done this for many of my clients with disabled spouses and it has worked very well. Just be aware that there are annual accountings that you have to file with the court and also typically report his condition annually. Go see a local guardianship attorney.See question
We put a x by for as long as necessary
I think you are meaning a temporary power of attorney. These are usually restricted by statute in most states -- either 6 or 9 months. You will likely need to renew them. Call a legal forms shop and they can probably tell you that answer if you are also buying one of their forms.See question