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Guardianship

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jena

Junior Member
What is the name of your state? Florida
My 13 yo sons father died whom I was divorced from. My oldest son became Executor and the grandmother has now petitioned to become guardian over my 13yo son's estate. Don't I have any rights to be guardian over my 13yo sons estate?
 


jena

Junior Member
guardianship

What rights does the older son have also, can he appoint someone as guardian?
 

BlondiePB

Senior Member
What is the name of your state? Florida
My 13 yo sons father died whom I was divorced from. My oldest son became Executor and the grandmother has now petitioned to become guardian over my 13yo son's estate. Don't I have any rights to be guardian over my 13yo sons estate?
Do/did you have any credit problems, judgements, bankruptcy, or felonies?

Only a judge can appoint a guardian of estate for your son.
 

jena

Junior Member
guardianship

I don't have any credit issues. I live paycheck to paycheck & have to rent out a room in my house, so I'm not like wealthy. Is there a particular order of relatives that have rights to be guardian over my sons estate?
 

moburkes

Senior Member
I don't have any credit issues. I live paycheck to paycheck & have to rent out a room in my house, so I'm not like wealthy. Is there a particular order of relatives that have rights to be guardian over my sons estate?
Well, its definitely not a "right", but it is an option. Do you think grandmother won't do a good job?
 

jena

Junior Member
guardianship

His grandmother will be too strict, she didn't want my son to have any money until he's 25
 

jena

Junior Member
guardianship

He's going to need money for a car when he's 17 then money to perhaps get established when he turns 20. Then maybe the largest sum when he's 25
 

moburkes

Senior Member
He's going to need money for a car when he's 17 then money to perhaps get established when he turns 20. Then maybe the largest sum when he's 25
Jena, I'm not sure what to tell you, but MANY kids pay for their own vehicles, and most don't "get established" (whatever that means) when they're 20. Most kids are in college, working, and going to school, and getting financial aid, at age 20.
 

BlondiePB

Senior Member
I don't have any credit issues. I live paycheck to paycheck & have to rent out a room in my house, so I'm not like wealthy. Is there a particular order of relatives that have rights to be guardian over my sons estate?
Fill out the paperwork required to be guardian of estate. Guardians must report to the court annually for every cent of their ward's money & assests. Guardians need to have an attorney & will have to ask permission from the court to buy the ward a car.
 

jena

Junior Member
guardianship

The hearing to determine guardianship is Monday 4-30-07, I have no attorney & cannot afford one. Can obtain the guardianship papers on line? Why do I have to have an attorney?
 

jena

Junior Member
guardianship

Just to let anyone know that's interested, I went to court and was approached before entering the room by the petioners attorney to have my eldest son appointed guardian. I was already sent a paper previously for this option, thought about it, but never signed. I signed before entering the courtroom. The judge questioned the lawyer as to why the parent that the child was residing with wouldn't have guardianship. It appears, I would've had success in being granted guardianship if I didn't sign the paper beforehand.
 

BlondiePB

Senior Member
Just to let anyone know that's interested, I went to court and was approached before entering the room by the petioners attorney to have my eldest son appointed guardian. I was already sent a paper previously for this option, thought about it, but never signed. I signed before entering the courtroom. The judge questioned the lawyer as to why the parent that the child was residing with wouldn't have guardianship. It appears, I would've had success in being granted guardianship if I didn't sign the paper beforehand.
I'm interested in the reply to the judge's question to the petitioner's lawyer. Being a guardian is serious business. Presumably, your eldest son was appointed (you never specifically stated). All guardians MUST attend a guardianship class. It's the law. The money has to be placed in either a restricted guardianship account accessible only by a court order, and/or the guardian must post a bond. The court auditor will be checking on all this, including who is the guardian's attorney.
 

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