My uncle is using his checks for personal use. I want to take him under my care but I am unable because they will not release information regarding his heath insurance or disability. I am his next of Kin, what steps can I take action in he is currently 6 hours away.
answered on Jan 4, 2018
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 
The county guardian has been appointed conservitor of my god father even though I have power of attorney over him and has now taken possession of my god parents home and assets that my god mother left to me in her will, where I was already appointed as executor. What can I do ? after my god mother... View More
answered on Jan 1, 2018
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 bank says the acct. is not a trust acct. If my sister is the Trustee and the acct. is part of the trust wouldn't she be able to get the funds from the acct. herself ?
answered on Jan 1, 2018
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
My parents had $45K cash in a bank safe deposit box. My brother found out and convinced them to let him hold the money for safe keeping in his own bank and he would give them money whenever they needed it. They agreed. My Parent's shared with me a copy of the 1st and only page of the IRA... View More
answered on Jan 1, 2018
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
disagree with where she should live, but who actually gets to decide?
answered on Sep 11, 2017
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
I filed MOC.
Defense motioned to tax my costs.
Edit: both parties met deadline for MOC and opposition to MOC.
In response I found a more applicable cost, sect 3287 interest, and filed Amended MOC.
Defense filed objection, that any amended MOC filed without first... View More
answered on Sep 4, 2017
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
Simply put, my wife and I have no children, living parents or living siblings, but has a nephew from my brother and a nephew from her brother. I die intestate, with all assets as joint ownership. My wife becomes the recipient of all the assets. When she passes intestate, based on California... View More
answered on Aug 31, 2017
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.
We have been paying his son in person every month for rent, but no executor info has been given to us since his death. We have no address for the son. Who should we continue to pay our rent to until probate settles ?
answered on Aug 27, 2017
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
Does she need letter from all family members? On house full of tos ect need to be evaluated and how to go about doing that?
answered on Aug 21, 2017
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
The difficult part is that he chose to live with his mom who doesn't like me. I have went above and beyond to contact him however he is a user. She changed the locks and his phone number. My concern is if he ends up in a serious health situation she will make decisions without me. What are my... View More
answered on Aug 13, 2017
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
answered on Aug 13, 2017
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
I'm sorry I wasn't clear. After my mother passed I used her checking account to pay some of her bills as well as used a credit card. What will happen?
answered on Jul 28, 2017
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
should I include in my will to make sure this happens? I do have loan documents.
answered on Jul 5, 2017
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.
should sign over her home to me, the executor of her living trust and also having a POA for financial matters. Thereby, reducing her assets in preparation for her eventual move to assisted living. Doesn't sound legal to me!
answered on Jul 1, 2017
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
He doesn't pay his bills. He's been without water for 6 months. He's making bad decisions like trading his running, tagged vehicle for a broke down one. On the suggestion of someone who's clearly taking advantage of him. He has a young lady that has helped herself to his monthly... View More
answered on Jun 23, 2017
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
And it's not over, they know my sister and I receive ssi. I asked before I even hired them approximately how much it would cost, he told me about 10,000.00 now he's telling us is going to cost for paternity, subpoena, and whatever else is going to happen. I thought when you hire a lawyer... View More
answered on Jun 20, 2017
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
Its signed and witnessed by 2 non heirs. His daughtets mother says not valid.
answered on Jun 13, 2017
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
Dad has a living trust in CA with all the assets re-titled to the name of the trust and I am named as the successor trustee. He also has a "pour over" will, just to transfer any property not already in the trust to the trust in which I am named the Executor. Upon his death, do I need to... View More
answered on Jun 6, 2017
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
answered on Jun 6, 2017
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
answered on Jun 2, 2017
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
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