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2 of the 3 sisters are caretakers who have medical conservatorship but conservator has temporary financial conservatorship. Now the conservator wants to be made permanent.
answered on Sep 19, 2019
Probate Code 2650 allows the court to remove a non-performing conservator "continued failure to perform the duties"). Any friend of relative can petition the court for this.
Certainly if the conservator wants an "upgrade" to their status, anyone involved can appear at... View More 
Do I need to do conservitership, at what time and for what reason since we are her natural parents?
answered on Sep 18, 2019
You do not need a conservatorship until the child turns 18. The conservatorship then will allow you to still continue to make all of their decisions for them as you care for them. The process takes 3 or 4 months so start early. Many places can provide you with help at that time; here in San... View More
My father passed away about 10 months ago. He was divorced from my mother. Recently, my mother asked me if we (my husband, our three kids, answer I) had received the trusts that he had set up. My father had never mentioned, to me, that he had set up any trusts. My mom has said that she thought he... View More
answered on Sep 16, 2019
Most attorneys pass their files on to another attorney when they retire. I would contact the attorney's family and see if they know what happened to the office files.
Look all around the house of course for anything with the word "trust" on it! Or the name of another... View More
For example perhaps some of the assets could be put into an account that could only be used for the care of the husband once all the other assets are spent.
answered on Aug 26, 2019
If I understand your question, you want to know how to protect your current wife either after your death or hers.
Many second marriages wind up cheating the children of the first marriage. Husband dies, everything goes to new wife who then leaves everything to her own children, forgetting... View More
Is there a way she or I can take out a loan on her home so she can stay? So we can pay her home health care workers come and have all her food and bills paid?She owns her home and she had given me her other home that I lived in for 15 years.My son has lived with her for 2 years and has been taking... View More
answered on Aug 20, 2019
There are different options.
Many people use a reverse mortgage to take money out of the value of their house. It is basically a loan with the house as collateral and you never make payments. You keep living there and in the end, the bank gets their money back, plus a bunch of interest,... View More
Sis wants to kick me out of the house i thought was mine given in will
answered on Aug 2, 2019
First you need to know what exactly the Will and/or the Trust left you.
If you do not have a copy of the Will, then ask the executor (in writing) and if you don't want to wait you can go the Probate court and get a copy (assuming that the Probate process was started).
If there... View More
I prefer 2 Witnesses and a Notary but we are having a problem getting the 2 Witnesses.
answered on Jul 22, 2019
Here in California we do not notarize the signature. The rule is two witnesses or the entire will in the testator's hand writing.
My grandmother had my mother and our family live in her paid off home since I was little. After Grandma died years ago, we continued to live there. My parents never married but my father pays/paid the property taxes every year. My mother suddenly died earlier this month and now an Uncle is trying... View More
answered on Jul 18, 2019
It all depends on what grandmother's Will and your mother's Will said.
I suspect that neither had a Will. The answer, though it depends on the deed too, is probably that the house passed to your mother and her siblings (the uncle?) in equal shares and now uncle wants his share.... View More
The real estate company knew this! We have been inundated with loud music and pool parties!
And he's a bully to the residents because we're older!Please help!
answered on Jul 8, 2019
Sadly, the rules that keep people 55 and under are not laws, but just an enforceable agreement among the owners.
Somewhere you have a Homeowners Association (HOA) that has a set of rules and covenants (CCRs).
Did they BUY or RENT? If renting then the HOA can enforce penalties... View More
My husband has a terminal illness in which he is expected to live 2-3 weeks, I called his only sister to inform the family (his sister and father)about his prognosis, only to be informed that my father in law had passed away in late April. My father in law and my sis in law are located in New... View More
answered on Jun 30, 2019
The answer depends on whether there was a Will or a Trust or not. If there were such documents, then they would control completely what happens to the assets of your late father-in-law.
Many Wills and Trusts require that the heir survive the deceased by a certain amount of time but it... View More
My only sister lives in MS and she is taking money from her while she is in the facility permanently. When my mother admitted herself into the facility she emptied my mother home of everything. And has opened accounts in my mother name.
answered on Jun 15, 2019
Elder Abuse is a crime in every state of the Union. If it were here at home we could get a restraining order to keep your sister from taking the money. I am sure you can do the same thing in MS.
Do you mean that YOU want a POA over your mother? Your mother will have to possess the... View More
answered on Jun 12, 2019
That depends on whether or not you have siblings. It has nothing to do with whether or not you are disabled.
If one spouse dies intestate (without a Will) then all of the community property passes to the surviving spouse. If that surviving spouse then dies intestate, the estate is... View More
To Whom it may concern, thank you in advance for responding to this message,I need to honestly know,if there is any way,I can track down a living trust, my Dad passed away and because at the time, I was in the US military special ops unit,I was unaware of his passing, once the mission was... View More
answered on May 24, 2019
There is no good answer to this one.
Are you sure he had a Trust? Did he have the house titled in the name of a Trust? Or bank accounts?
It is possible that the bank or brokerage house will have a copy if he held an account there in the name of the Trust.
It is remotely... View More
Obviously under California law my father is entitled to the funds in the joint bank account because his name is also on it. But if there is no will or the other accounts are not listed in the trust is he also entitled to 100% of the funds in the personal savings and checking accounts?
answered on May 14, 2019
When someone dies intestate (without a Will), then their property is divided per the statute.
The surviving spouse inherits all community property.
The spouse and children share the separate property of the deceased, with the surviving spouse getting at least one-third no matter how... View More
My mother had to put my father in a residential facility due to dementia and not being able to care for him. She is 86 and he is 84. Can she apply for Medicaid? She only gets $700 from Social security and has to pay rent,utilities and prescriptions.
answered on May 6, 2019
Yes she certainly can.
Among the things to watch for is protecting her assets from "pay back" to Medi-Cal. If either or both spouses go into nursing home care, Medi-Cal will keep track of how much money they are spending and try to recover that money from the estate after they... View More
Four Morgan Stanley IRA accounts are listed in schedule "A", in a Trust. Those accounts are still at Morgan
Stanley, but I noticed that the account numbers listed today, are different from when the Trust was
established in 2005. Is this a problem? If Morgan Stanley can... View More
answered on May 6, 2019
That depends ...
First of all, you almost never want IRAs or 401Ks in a Trust. Those sorts of retirement plans have named beneficiaries so that the money automatically goes to the beneficiary upon the death of the owner. Having the IRAs in a Trust serves no purpose.
You could... View More
I am my 95 year old aunt's attorney in fact. She is in an assisted living home in Culver City, CA. I need to apply for long term care for her. She has some cash in the bank, but not enough to pay her assisted living bill which is in arrears. California goes back 30 months and says they will... View More
answered on Apr 29, 2019
You CANNOT gift the money away or sell anything below fair market value without causing a penalty period for Medi-Cal to cover her nursing care bill. You can spend it but you cannot give it away.
You are not in any way liable for your aunt's care or her bills.
A nursing home... View More
answered on Apr 21, 2019
You need to go your county Probate Court's web site and they will give you very exact instructions.
There are three different levels of Probate process in California. Which level you use depends on what assets your grandmother left behind. If she left no real estate and only moderate... View More
I am a competent senior. My caregiver is subjecting me to emotional abuse, but I cannot get rid of her. Any recourse?
answered on Apr 14, 2019
If you cannot just fire the caregiver,ort if she won't leave and no one in your family will help you, then you can ask the court for help.
A court can grant a Restraining Order for Elder Abuse. You start by asking for a Temporary Restraining Order at the court house, then, if it is... View More
I am Administrator of estate.
answered on Apr 12, 2019
When you file the petition form to get funds from the blocked account, you have to fill in exactly who will be getting the money and the purpose of the payment.
How long it will take depends on your court and how backed up they are. Expect a few weeks at most.
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