Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Priscilla Ann Madrid
1 Answer | Asked in Health Care Law, Elder Law, Public Benefits and Social Security for California on
Q: If my father is under the care of his brother who is not using his disability check correctly

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.

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: The county became conservitor over my god father , while I have power of attorney and without notifying me .

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... Read more »

Priscilla Ann Madrid
Priscilla Ann Madrid 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.

2 Answers | Asked in Estate Planning for California on
Q: My Mom died and left me POD of her bank acct. My sister is trustee say I need to give her the money.

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 ?

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Elder Law for California on
Q: What can be done if my sibling (my brother) is refusing to return $45,000 cash belonging to my parents (age 91 & 86)?

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 statement... Read more »

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

View More Answers

3 Answers | Asked in Elder Law for California on
Q: My mom was diagnosed with dementia. She doesn't want to leave her house but is unable to live alone. My siblings and I

disagree with where she should live, but who actually gets to decide?

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

View More Answers

2 Answers | Asked in Civil Litigation for California on
Q: After judgment, I filed Memorandum of Costs.Want to Amend MOC. Must I first seek leave to amend MOC, or can I just file?

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... Read more »

Priscilla Ann Madrid
Priscilla Ann Madrid 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...
Read more »

View More Answers

1 Answer | Asked in Estate Planning for California on
Q: Nephew-in-law right to inheritance.

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... Read more »

Priscilla Ann Madrid
Priscilla Ann Madrid 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.

1 Answer | Asked in Probate and Landlord - Tenant for California on
Q: I live in a rent controlled unit in Los Angeles for 25 years. The owner has passed away & the home is going into probate

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 ?

Priscilla Ann Madrid
Priscilla Ann Madrid 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 new... Read more »

1 Answer | Asked in Probate for California on
Q: My wifes dad has died, and he left no will. She is his only duaghter. What does she need to do for probate on a house?

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?

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

1 Answer | Asked in Family Law and Health Care Law for California on
Q: Sadly my husband uses, God forbid he ends up in a hospital. What are my rights concerning his health and well being?

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 legal... Read more »

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

2 Answers | Asked in Estate Planning for California on
Q: A person in hospice care needs to get a power of attorney done, however he is unable to sign a form, what can be done?
Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

View More Answers

2 Answers | Asked in Probate for California on
Q: Clear understanding. I'm in California of what I mean

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?

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: I have loaned one of my kids some money, I would like to ensure that the money is paid back to my estate, what verbiage

should I include in my will to make sure this happens? I do have loan documents.

Priscilla Ann Madrid
Priscilla Ann Madrid 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.

View More Answers

4 Answers | Asked in Elder Law for California on
Q: It has been suggested that my mother, age 87 with dementia, who lives in California and owns her home outright,

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!

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

View More Answers

2 Answers | Asked in Family Law and Elder Law for California on
Q: I have an elderly parent with dementia. How can we get a payee for his income?

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 income for 5... Read more »

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

View More Answers

1 Answer | Asked in Probate for California on
Q: How can a probate lawyer, when they know my sister and I receive ssi, charge us 21,000.00?

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 they are... Read more »

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

3 Answers | Asked in Estate Planning for California on
Q: What kind of Attn does contested will?My son died left a typed statement of last Wishes I'm named beneficiary.

Its signed and witnessed by 2 non heirs. His daughtets mother says not valid.

Priscilla Ann Madrid
Priscilla Ann Madrid 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.... Read more »

View More Answers

3 Answers | Asked in Estate Planning for California on
Q: 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..

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... Read more »

Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Estate Planning for California on
Q: when I die - is it better for my primary residence be in a living trust or my last will and testament?
Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

View More Answers

1 Answer | Asked in Elder Law for California on
Q: Does medicare cover the cost of staying in a nursing home? We don't have the funds for it.
Priscilla Ann Madrid
Priscilla Ann Madrid 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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.