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Questions Answered by Jeffrey Louis Gaffney
1 Answer | Asked in Family Law and Estate Planning for California on
Q: My stepdaughter filed for conservatorship on my husband, her father . He’s been diagnosed with dementia since December

2018. What are my rights as his wife? I want to contest this. I am the only one that has been taking care of him not her. Our house is reverse mortgage can she do this? Do I need a lawyer?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
answered on Feb 14, 2019

You have the right to ask the judge that you be appointed the petitioner instead. You are probably the more natural choice for the job.

You could try this without an attorney, but as with any event in front of the court you are much better served to have your own experienced counsel. Call...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: Son bought a home, wife signed off, they were separated 31 years; he died. Can she claim his estate?

His mom wants to start a probate to sell the home, but she is worried about his (ex) wife making claims against his estate. They were separated for 31 years and he died without divorcing her. He bought the home 2 years ago and died one year ago. How much would the probate cost and can the mom keep... View More

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
answered on Feb 12, 2019

Whether the "ex" has any rights depends on whether they were legally separated or not. Being legally separated requires a court order; it is a lot like getting divorced. Until you have that piece of paper, whatever you earn and build is community property.

If the son...
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1 Answer | Asked in Estate Planning and Elder Law for California on
Q: California Trustee has stopped all gifting to relatives, despite long history of gifting before dementia. What to do?

My aunt and uncle were gifting their allowance to close relatives. Most of the relatives are dependant upon this money to survive and pay bills . My aunt and uncle always expressed that they wanted to care for their family. Uncle has died and recently aunt has early dementia, their estate is in a... View More

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
answered on Jan 29, 2019

The answer is in the Trust itself. The Trustee is obligated to follow the instructions of the Trust.

The Trustee may not have any choice about making the gifts. At the death of the Uncle, the Trust may have become irrevocable with instructions about the Aunt if she becomes a Special...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: How do I amend complaint- I was granted temporary conservo rship/ person over my mother and now want temporary estate
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
answered on Jan 25, 2019

Do you mean how do you amend the Conservatorship? There is no easy way. You basically have to start the entire process over again from scratch. File the Petition and wait for your court date while the court conducts its investigation.

If you have a Power of Attorney from your mother then...
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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Does a co-executor to an estate have the legal right to have a key to the house? Even if they don’t live in it.

My half-sister and my brother are co-executors to my fathers estate. He passed away with no will and my brother and I live in the house and she doesn’t. Does she have a right to have a key to the house.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
answered on Jan 24, 2019

How can there be executors if there was no Will? Were they appointed by the Probate Court?

If she is executor of the estate then she needs to have access to the house to inventory the goods and to dispose of the assets. So ... yes.

I hope that answers your question.

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