Legal Question in Wills and Trusts in Florida
Can a sister who is my mom's legal guardian, remove me from a deed which is in life estate and we (sister and I) are remainders? Deed was created when she was mentally competent, years ago.
5 Answers from Attorneys
No and I suggest you run to the nearest guardianship attorney and have her removed as your mother's guardian. Lord only knows what else she has done or is planning to do with having power over your mom. This is what happens when money is involved - greed crawls out the woodwork.
UR mother only owns a life estate & that is the only thing UR sister can change. No one really wants to buy a life est. on a sick elderly person. Thank UR sister for stepping up to take care of UR mother and stay involved.
As a plenary guardian, your sister may request a probate court to approve the described action. As an interested person, you would have a right to object. Depending on the terms of the life estate, your sister, as guardian, may have specific responsibilities to perform as guardian.
As to a typical LE deed the answer would be no; however an "augmented LIfe estate" deed is different. You must look at the deed itself and determine if your mother retained the right to make changes, convey, transfer or sell the fee simple interest without the inclusion of the remainder parties (you and your sister). There are only only four states at present that I know of that utilize these type of deeds, and Florida is one of the four. Hope this helps.