Aunts Will

[Aunt Lil]

What is the name of your state? Florida
My aunt had some mini strokes back in 03. She is 83. She has went through hospitalization, nursing care for 3 months, and brief home care. She is in an ALF right now with demensha, and several mental problems. She is also wheelchair care and has problems with her arms as well. My brother is applying for guardianship and our question is?
To protect her will and assets from probate and which she was trying to get this done before her illness, can my brother as guardian get her will (not altering it or trying to change) get it set or put into trust to protect her assets from probate?

 

[BlondiePB]

What is the name of your state? Florida
My aunt had some mini strokes back in 03. She is 83. She has went through hospitalization, nursing care for 3 months, and brief home care. She is in an ALF right now with demensha, and several mental problems. She is also wheelchair care and has problems with her arms as well. My brother is applying for guardianship and our question is?
To protect her will and assets from probate and which she was trying to get this done before her illness, can my brother as guardian get her will (not altering it or trying to change) get it set or put into trust to protect her assets from probate?

Once your brother is appointed guardian, he can then petition the court to put assests in trust. He will need his guardian attorney to do this. It CANNOT be done prior to the guardianship and CANNOT be done without a court order allowing him to do so.