Legal Question in Wills and Trusts in Florida

Re: Guardian of Property

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It would be up to the court to make a decision. Every action taken by the guardian is made by a Motion and must be approved by the court by virtue of an Order on the Motion. The guardian may be the person closest to the minor and the property who can best be able to list the property. If you object to such an arrangement, you should make your objections known to the Judge in the case.

Scott R. Jay, Esq.

Re: Guardian of Property

It is not unethical in and of itself for the guardian to list the property. The guardian may be listing the property in the best interests of the minor and he or she may not be taking a commission (i.e. they may be giving up their right to a commission in order to expeditiously sell the property). We would need more facts to ascertain whether or not there is an ethical violation here.

Hope this helps.

Re: Guardian of Property

This is a clear conflict. The guardian should petition the court for authority to list before even considering it to establish the contract is fair and in the best interests of the guardianship.