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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 16 years experience
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In florida.... If my spouse is a legal guardian for her mentally

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In florida.... If my spouse is a legal guardian for her mentally disabled brother. He has a large sum of money that she is 100% in control of. She has used some of these funds for attorneys fees and paid herself a salary. Can that sum of money which is over $200,000 be considered as part of her and I's assets and therefore subject to equitable distribution when it comes to the time of dividing up our "assets"?
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Can that sum of money which is over $200,000 be considered as part of her and I's assets and therefore subject to equitable distribution when it comes to the time of dividing up our "assets"?
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No, wife doesn't own those assets. She is merely in control of them as the custodian for older brother. They are owned by the older brother and if anyone was to take or use the funds for some improper purpose, they could be charged with criminal theft. A person doesn't somehow become an owner of the ward's assets because they are appointed legal guardian by the court.
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Thanks.

Barrister

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