POA is not Conservatorship, they are abusing POA. My Lola is my Valentine every single day, to keep us apart is cruel. When she asks for me and they don't allow me to see her, that is cruel and elder abuse. I used to be my Lola's 24/7 live-in care provider since her kids and grandkids are deadbeats... Read more »
she had $1,400 in her checking account when she passed. I recently received a letter from her bank stating that after three years they may transfer her property to the state of California. Can I get this money and how do I get it? Thank you very much.
If that is all she had, then all you have to do is execute a small estate affidavit (Google one) stating that you are the sole heir (or have your siblings sign it too if you have any). Notarize it. Attach an original death certificate. Show that to the bank. No lawyers or judges needed.
They asked for a copy of the death certificate to process a beneficiary claim. It doesn’t say specifically he is the beneficiary but this letter came 3 years after her death out of the blue. We sent fidelity the death certificate after getting it from the state of her death. We have heard nothing... Read more »
she helped raise. I am trying to find out if she had a will. My question is this...does her part of her "estate" automatically go to her husband with or without a will? She had mentioned to me that she had intended to leave her "half" of her property to my children "her only niece and nephew." I... Read more »
Thank you for your previous answers. Ms. Whitehurst, what other "eventualities" are you referring to? And, Mr. Gaffney, so, is it necessary and/or advised to obtain a physician's letter stating she has "the mental capacity to understand what she is signing"? We are also awaiting approval for SSI... Read more »
If a person has some impairment, then you are right to worry that someone may later claim that they did not have the capacity to sign the document. We usually work the other way around (getting a doctor to say someone is incompetent), but I like your defensive thinking in making sure that she has...Read more »
I need to obtain a POA for her. I'm in Florida. The only assets she has, to my knowledge, are 2 cars (in CA), a bank account (in CA - don't know if anything is in at this point) and some land in FL (which she was considering selling before her stroke). She also as a list of credit card accounts. We... Read more »
Not without some authority granted to the other owner. She would need to hold a conservatorship of him from a court, or a Power of Attorney that he signed when he still had the capacity to do so. If the house was held in a Trust, then the Trust might grant her authority over the property,...Read more »
A savings account does not have a beneficiary unless it is an IRA or 401K. You can name a "pay on death" person though. In either case, the bank paperwork will prevail, but try no to leave those kinds of confusing questions behind!
The plain answer is I don't know. That's why I called for a wellness check and Adult Protective Services. Last week I learned of her having signs of dementia a year ago. It was expressed to me by a family member that she may pass and no one finds out, and he would continue to collect her social... Read more »
Also look out for "undue influence" in changes to the Will or Trust, leaving everything to the brother. It may be reasonable if he took care of her, and if he is the neediest, but it can also be taking advantage of a sick old woman. Just keep an eye out.
I appreciate your time and information, Mr Gaffney, thank you. I assume my brother is sole trustee. We have no relationship. I have gotten no response from mail or phone to my mother (I live in Kentucky, she lives in California). I have done a wellness check through the police. I have reported... Read more »
It is VERY unusual for any agency to have a copy of a trust. it is possible so you can check with the LA County Recorder's office, it is just never really done. The Trust company would be a better bet.
Are you worried that your brother is mistreating your mother? That will be a tough...Read more »
Thank you, Mr. Gaffney. So then my hope that the original trust from the 70s or 80s might be valid isn't a possibility? And because I didn't try to prove my father's inability to be of sound mind in 2002, that point would be mute? My understanding is that when she dies I should have access to... Read more »
The original trust might still be the controlling one if your dad did not have the capacity to change it. But maybe that trust gave your mom that authority if your dad was no longer able. You really have to see the trusts and read them, and compare that to your dad's health.
In the late 70s or early 80s, my father told me that I was sole trustee of my parents living trust, and everything should be split equally between my brother and myself. I never saw that trust. In 2002, after years of my father's Alzheimer's (I have no medical records), my mother (and he) made a... Read more »
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