If you feel that your father is being financially abused by his brother the first step would be to file a report with adult protective services in your area. You may also want to file a petition for appointment of yourself as conservator of the person and estate of your father. Consult with an... View More

Unfortunately there is insufficient information in your question to give you a definitive answer. Your best option is to consult with an attorney regarding probate of your god mother's estate, terminating the conservatorship of your god father or your appointment as conservator instead.

The pay on death designation trumps the terms of the trust. So regardless of what the trust says the asset passes to you outside of the trust and outside of probate. All that is generally required in order for the bank to distribute the asset to the POD beneficiary is copy of the death... View More

A good start would be to make a police report and file a report with adult protective services. It may take them awhile to start an investigation but when they do it may convince your brother to return the money. You could file a complaint for financial elder abuse but most attorneys will charge... View More

It depends. Even though someone has dementia it does not mean they are incompetent to make their own decisions. If you mom wants to live in her own home and has sufficient assets to payfor that she should stay there until her assets run out. Hire some caregivers to take care of her. Put yourself... View More

The prevailing party has 15 days from notice of entry of judgment to serve and file a verified memorandum of costs. (CRC rule 3.1700(a).) An opposing party’s notice of motion to strike or tax costs must be served and filed 15 days later. (CRC rule 3.1700(b)(1).)

It looks like you failed... View More

Under the fact pattern provided your wife's estate would pass to her nephew. If a different result is desired you will need an estate plan to avoid intestate seccession and should consult with an estate planning attorney in your area.

You need to continue to pay your rent, get a receipt if you are paying in cash. You should send a check or cashier's check to the person or entity your rental agreement requires you to pay. Otherwise the executor of the estate has a claim for past due rents against you and can evict you. A... View More

You will first need to determine how the real property is titled. If titled in joint tenancy then the other joint tenant takes the property upon filing a notice of death of joint tenant. If titled any other way a probate needs to be opened. If there is a mortgage on the property she will need... View More

Unfortunately you have no rights unless you have a power of attorney for health care. However given his substance abuse problems and your presumptive priority as his wife to be his conservator you may be able to petition the court to be conservator over his health care and finances. This would be... View More

Generally when someone is put into hospice care that means their physician has determined they have 6 months or less to live. By this time there should be a POLST in their medical file (a physician orders for life saving treatment) so their wishes with regards to medical treatment to be provided... View More

It is a complicated situation you are in. If you were a signer on her checking account and paid her bills there should not be an issue. Not knowing what the size of her estate was and whether a probate was necessary makes it hard to answer your question. If small, you should have consulted with... View More

If you do not already know the answer to this question on your own then you should consult with an estate planning attorney for help. They will need to speak with you about your situation and review relevant information. Or you could just wing it which would be ill advised.

Bad idea. Although you are the POA if your mother still has sufficient capacity to make her own decisions you should not be making them for her. If she does not, her home is an exempt asset for determining medi-cal eligibility as long as her equity is equal to or less than 750k. If she transfers... View More

First you need to call adult protective services and report the financial elder abuse and what you have stated in your question. If your father has not named an agent in a power of attorney for health or financial management your only option is to file for a conservatorship and elder abuse... View More

Speaking from experience, it is often very difficult in the beginning to do more than estimate what a client's attorneys fees will be. A lot of it depends on the opposing parties and how much work you have to do to address issues raised by them. Probate attorneys fees for the executor or... View More

Because it is typed and not in his own handwriting you need the witnesses, but if either of them are beneficiaries under the will then there is a presumption of undue influence. Since you say both witnesses are not heirs, the signatures should not pose a problem based upon heirship.... View More

You are required to lodge the Will with the court but lodging it has nothing to do with your ability to act as trustee. As long as all assets are in the trust no probate will need to be opened. If you have assets that did to make their way into the trust before death other than household/personal... View More

It depends. If you want your primary residence left outright to someone, a trust is better because with a Will, it has to be probated and there are statutory executor and attorney fees to be paid that most often will result in the home having to be sold to pay them, so the person you wanted to... View More

Medi-care only pays for 100 days for rehab. Medi-Cal (known as medicaid in other states) is different and it will pay for nursing home care in an approved facility under certain circumstances. You need to contact an elder law attorney in your are to find out if the person to be placed in a... View More