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 »
My parents were divorced and the house was moms. Father remarried another woman ten years ago . Hes claiming to be a widow his wife is alive and thats a lie. I am my mothers only child and rightful heir to her estate . My because my mom signed my grant deed to transfer my home to me and I found... Read more »
Parent can't remember where they are (at times) or how they got there. Incoherent conversation (mixes things up from the past & present or never happened). Threatens to leave and we won't be able to find them. Says ugly things to the family. Returns to familiar locations several times a week to... Read more »
My mother died recently and my father claims she left me nothing. She gave me a signed copy of her California statutory will under the portion Balance of Assets she signed in the box I leave nothing to my spouse all to my decedents. As well as me as the executor. As well as a letter explaining that... Read more »
Under California Probate Code section 16061.5 the trustee has to provide all the heirs and beneficiaries a copy of the Trust. You should demand a copy in writing and if he refuses then it is time to go see a judge.
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