Legal Question in Elder Law in Florida

Guardianship

My Grandmother owns 2 houses side by side to eachother. 2 properties, 2 seperate folio, but both in her name. She lived in one & my Uncle (her son) lived in the other one. My grandmother was willing to put the house he lived in, in his name...BUT...he got her to sign a quick claim deed of both houses to him. My grandmother being 87 couldn't read any more and thought she was just signing the one house over to him. He then got her to put him on all her banking and cd accounts. I tried getting help to help her get her house and accounts back, but that ended up with some state appointed guardian who has lied from day one to everyone and on legal court documents. Guardian has sold both house, but I was contesting the sale of my grandmothers house, it was sold any way and was told the monies was to be put in a seperate account. She sold the house for 95.000 but has reported to the court it was sold for 78.000. Can she do this? My grandmother also had 4 cd's in back, guardian only claims 3 of them. The same guardian also went after gruardianship over my uncle, is that conflict of interest? There is so many things that this guardian & her lawyer has done I believe illegally. So many lies, and I have all papers to prove this


Asked on 10/10/07, 3:16 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Guardianship

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There are what appears to be serious problems with the conduct of the guardian if you can truly prove your claims. Keep in mind that the guardian appointed by the Court is probably a friend of the judge, so you must be sure you can prove any allegations beyond any reasonable doubt or you will most likely fail. You should retain an attorney to represnt you and then challenge the actions of the guardian in the probate court.

Scott R. Jay, Esq.

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Answered on 10/12/07, 11:09 pm


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