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florida guardains

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lilshan32

Junior Member
What is the name of your state? florida

My grandmother was 83 when she passed away, and she died without her family there, thanks to a florida court appointed guardian. The thing is my grandmothers son, my uncle was taking her for every thing she had, he even got her to sign a quick claim deed without her knowing what she was really reading, then he went for her banking accounts. Next thing I know there some stranger in her house selling every thing without notifing any family. Since I felt that my uncle fooled my grandmother into signing her house, I went and contested the deed. Meanwhile the guardian finally sees that I am right and she has a social worker investgate. It is in court recorded documents that my uncle lied and everything else. In her living will I was to get her house, well it is now deed to my uncle. My question is when property is being contested and the guardian still just sell it. She even knew that what my unle had done was not in the best interest of my grandmother. Her house sold for $95,000, but the guardian is telling the court it was sold 78,000 and that it should be split between my grandmother est. and my uncle. By the way the same guardian is now my uncle's guardian. She never fought for my grandmothers house back because she knew it would go to me, so before my grandmother even died she went and guardian of my uncle, which had both properties, in turn she sold for $95,000 and my uncles house for 60,000. Some one please advice me if I have case here? Even though my grandmother is gone now, there is still a big part of her here, waiting to get this guardian who took her away from her family.
 


BlondiePB

Senior Member
Some Of Your Post Does Not Make Any Sense - Do Clarify Info If Necessary

My grandmother was 83 when she passed away, and she died without her family there, thanks to a florida court appointed guardian.
Perfectly legal.
The thing is my grandmothers son, my uncle was taking her for every thing she had, he even got her to sign a quick claim deed without her knowing what she was really reading, then he went for her banking accounts.
This was done prior to the guardianship, correct?
Next thing I know there some stranger in her house selling every thing without notifing any family.
Perfectly legal if this was done by the guardian.
Since I felt that my uncle fooled my grandmother into signing her house, I went and contested the deed. Meanwhile the guardian finally sees that I am right and she has a social worker investgate. It is in court recorded documents that my uncle lied and everything else.
Okay.
In her living will I was to get her house, well it is now deed to my uncle. My question is when property is being contested and the guardian still just sell it. She even knew that what my unle had done was not in the best interest of my grandmother.
Living Wills are for health care decisions when a person cannot make them for him/herself. The property can be sold when you are contesting the deed by the guardian. When a ward can no longer live at home, selling a ward's assests is the proper thing to do with the proceeds going into guardianship account(s).

If your granny did not leave you anything else but her home, you will not receive anything else from her estate. Any monies from the sale of granny's property will be distributed according to her Last Will and Testament.
Her house sold for $95,000, but the guardian is telling the court it was sold 78,000and that it should be split between my grandmother est. and my uncle.
Guardians must have court approval to sell assests. The court also will approve the selling price, especially of real estate and vehicles. As for the split between your granny's estate and your uncle, that is something that no one can make a comment without knowing what your granny's Will states.
By the way the same guardian is now my uncle's guardian. She never fought for my grandmothers house back because she knew it would go to me, so before my grandmother even died she went and guardian of my uncle, which had both properties, in turn she sold for $95,000 and my uncles house for 60,000.
See replies above regarding selling assests.
Some one please advice me if I have case here? Even though my grandmother is gone now, there is still a big part of her here, waiting to get this guardian who took her away from her family.
I'm sorry for the loss of your grandmother. As previously stated, if your grandmother did not leave you anything in her Will other than the house, you will not receive anything from her estate.
 

lilshan32

Junior Member
florida guardians

In my grandmothers living will everything was to go to me, but when there is a guardian isn't the guardian suppose to do what is best for the ward? Knowing that my uncle fool my grandmother into quick claiming her house to him and all monies from accounts, why didn't the guardian contest the deed like I was trying to do. Is it because she knew that I would get all the money or she knew that if it stayed in my uncle name that she could sell it and get the money. The house sold for 95,000 but yet she is telling the court that it only sold for 78,000. The money is now split between my grandmothers easte and my uncle easte. Is it being split because I had contest the deed or what she done is wrong and she knows it. Since the deed was never put back into my gramndmothers name "why is she splitting the money"
 

moburkes

Senior Member
Living wills have NOTHING to do with property. They only refer to health care decisions when your grandmother is unable to articulate them herself. Now, explain again, how her living will left you some property.
 

BlondiePB

Senior Member
In my grandmothers living will everything was to go to me, but when there is a guardian isn't the guardian suppose to do what is best for the ward? Knowing that my uncle fool my grandmother into quick claiming her house to him and all monies from accounts, why didn't the guardian contest the deed like I was trying to do. Is it because she knew that I would get all the money or she knew that if it stayed in my uncle name that she could sell it and get the money. The house sold for 95,000 but yet she is telling the court that it only sold for 78,000. The money is now split between my grandmothers easte and my uncle easte. Is it being split because I had contest the deed or what she done is wrong and she knows it. Since the deed was never put back into my gramndmothers name "why is she splitting the money"
Just EXACTLY what part of my first reply did you NOT understand?

Let me make this perfectly clear --

IF YOUR GRANDMOTHER LEFT YOU NOTHING BUT HER HOUSE IN HER LAST WILL AND TESTMENT (not living will), YOU WILL RECEIVE ABSOLUTELY NOTHING, REGARDLESS WHETHER OR NOT THE DEED WAS WRONGFULLY CHANGED.

You will not, under any circumstances, inherit granny's house.
 

BlondiePB

Senior Member
Living wills have NOTHING to do with property. They only refer to health care decisions when your grandmother is unable to articulate them herself. Now, explain again, how her living will left you some property.
I'm not so sure we're going to get "through" to this one. Did you understand my replies or is it just the OP?
 

lilshan32

Junior Member
florida guardians

Let me make myself clear, I AM NOT DUMB NOR AM I STUPID!!! Before my grandmother died and before the guardian step in, I went to the court to contest the deed that my uncle had got her to sign without her knowing what she was really signing. My question was, can a guardian sell a house when the deed is being contested, and doesn't she have to account for all monies. She sold the house for 95,000 but is only splitting 78,000. She had a living trust not a living will.
 

moburkes

Senior Member
Don'tget mad at US because you seem to not know the different between a living will and a will. If you made a mistake, then just say so. If you'd like to get rude, then don't expect an answer to your question. Have a great day.
 

lilshan32

Junior Member
florida guardians

I was not meaning to be rude, but that is how one of the other members was trying to make me sound like I didn't know what I was talking about. I am new at this and just need alittle help.
 

BlondiePB

Senior Member
Let me make myself clear, I AM NOT DUMB NOR AM I STUPID!!!
Why do you keep repeating things that have been answered? And, you're English is atrocious.
Before my grandmother died and before the guardian step in, I went to the court to contest the deed that my uncle had got her to sign without her knowing what she was really signing. My question was, can a guardian sell a house when the deed is being contested,
I already answered this. :rolleyes:
and doesn't she have to account for all monies.
Yes.
She sold the house for 95,000 but is only splitting 78,000.
There are costs in selling real estate such as closing costs, realtor commission, etc.
She had a living trust not a living will.
You need to get your terminology CORRECT in order to receive proper replies.
 

BlondiePB

Senior Member
I was not meaning to be rude, but that is how one of the other members was trying to make me sound like I didn't know what I was talking about. I am new at this and just need alittle help.
Go see an attorney. Trying to help you is like pulling teeth.
 

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