Attorney for Caylee?

  • #41
The administrator of the estate is almost always next of kin, or down the wire of kinship. I don't know HOW an independent party could self appt an administrator of an estate when there are relatives that would argue it is their right to assert.

Once a probate estate is opened, EVERYONE connected to this child comes into play as far as Admin, next of kin, heirship, you name it. They get notice, it is published and you can bet your bottom dollar they will fight like hell to prevent this process from commencing. You can't do anything ex parte here, unless you can convince a judge that these parents are ill positioned to administer the estate.

Unless Casey, Lee and the g-parents waived rights OR, had those rights taken away.

The latter being the harder thing to do.

It's not going to happen, so long as the g-parents and uncle breathe air.
 
  • #42
Yes, I think we all are, but I would throw in there that the fly in the ointment might be that no paternity is established, and there are potential "heirs" as well as interested parties as to her "custody" potentially that are unknown to us. Additionally, there are some son of sam law applications as well.. Since I worked so hard to get the State of Fla to look at this issue, I have to believe it has to do with evidence in the case that we are not privy to..


Yes I agree. I think I'm so emotional about this case...I just agreed to agree.

But if Casey were to skirt son of sam considerations, I comfort myself with the thought she'll lose it anyway, via a wrongful death action. I've been thinking about that for a while now.


:clap: your son of sam mission. Fantastic!!! That's probably a book right there!!!:)
 
  • #43
true, but couldn't the GAL make claim to that assets for her care, etc..

Yes, if the guardian has physical custody only, they would be able to submit claims for expenses related to the keep/care of the child to the conservator. A guardian who doesn't have phys custody would be able to submit claims for any legal expenses or those related to supervision.
 
  • #44
Re DCF prior to 7/15 - based on personal experience, it takes DCF (different initials in different states) involvement to take custody of a child if the parent is unwilling to relenquish. And, it's very difficult to convince DCF there is enough neglect for them to take action. I eventually obtained guardianship, but not through DCF action. JMO, Cindy may have started the process on the counselor's advice.
The standard of proof in a DCF case is much less than in a criminal court. Hearsay is enough. Her very own statement about leaving the child in a stairwell to a vacant apartment is clearly neglect.
 
  • #45
The standard of proof in a DCF case is much less than in a criminal court. Hearsay is enough. Her very own statement about leaving the child in a stairwell to a vacant apartment is clearly neglect.

That's true - hear-say is enough to cause an investigation, but not removal of custody. Occasionally there is a news report about a swift DCF custody action, but it's not the norm. They usually prefer to offer assistance/service to the parent and supervise first.

Unless Cindy knew before 7/15 that Casey abandoned Caylee at the apartment, this incident isn't the one in question. There was likely something else.
 

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