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Old 08-08-2005, 07:56 AM
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Default Deeded Property Needs Changed-Guardianship involved

Several years ago, my grandmother placed my mother in the deed to her vacation home in Tennessee as part of her estate planning. Two years ago, my mother was deemed mentally ill and I was awarded Plenary Guardianship through the FLorida courts. Recently my grandmother has been battling cancer and wishes to have Mom's name removed from the deed to the home. She says she was told that TN will not observe a Florida Plenary Guardianship and therefore cannot remove my mom's name, sell the property, take out $ against the property, nothing to help pay for her own current medical conditions. Any advise out there?
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Old 08-08-2005, 01:57 PM
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Join Date: Jul 2005
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Cool

Quote:
Originally Posted by jprice5163
Several years ago, my grandmother placed my mother in the deed to her vacation home in Tennessee as part of her estate planning. Two years ago, my mother was deemed mentally ill and I was awarded Plenary Guardianship through the FLorida courts. Recently my grandmother has been battling cancer and wishes to have Mom's name removed from the deed to the home. She says she was told that TN will not observe a Florida Plenary Guardianship and therefore cannot remove my mom's name, sell the property, take out $ against the property, nothing to help pay for her own current medical conditions. Any advise out there?

I don’t understand exactly what your goals are here. Are you trying to allow the grandmother to take back the house in her name? Are you trying to allow the house to be sold / mortgaged but keeping the ownership interest split between grandmother and mother? First figure what you want and then work from there.

Unless your grandmother talked this over with a Tennessee lawyer who understands guardianships, she is probably speculating on how things will turn out. Check with a Tennessee lawyer for a definitive answer on whether the Florida Plenary Guardianship will be honored in Tennessee.

Alternatively you can just try to use it and see what happens. It all depends on what your actual goals are.

Remember, although the legal system in this country may seem bureaucratic and arbitrary sometimes, judges are logical people trying to come up with fair outcomes given our laws and differing people’s definitions of what is fair. I doubt they will not provide you with an option to allow someone to act on your incapacitated mother’s behalf for purposes of acting on this deed.
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