Legal Question in Family Law in Florida

Re: Guardianship

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No, you are not her legal guardian although you may be performing some of the responsibilities. In order for you to inherit anything from your parents' estate or to receive the proceeds from the sale in Puerto Rico, you will need to file a probate of the estate of one or both of your parents. It is possible that you may be able to only file for the parent who passed away more recently. An ancilliary estate might also have to be filed in Puerto Rico in order to have the legal right to sell that property and obtain the proceeds.

As to the guardianship of your sister, that is a separate and distinct matter. A guardianship will have to be filed in the jurisdiction where she lives to have your self declared the guardian for her. It is a costly procedure and requires a committee of three persons including two doctors and a lay person to be appointed by the court to meet with her. An attorney ad litem will also be appointed to represent her interests during the course of the proceeding. You should meet with an attorney to discuss both of these issues. After reviewing the reports of all concerned, the court will enter a ruling.

Scott R. Jay, Esq.