Los Angeles, CA asked in Estate Planning, Real Estate Law, Elder Law and Probate for California

Q: I've been appointed as executor and sole beneficiary to my god mothers estate. Her spouse is still alive but has beenin

the hospital for a few years now and is incapacitated. When she died last year she left me as sole beneficiary and executor of her estate, and power of attorney over him. I recently started to do some construction work on their home because it was destroyed and burglerized by squatters while nobody was there. Two days ago the county notified me that they have now taken conservitorship over him ,and say I'm no longer allowed to enter the home because they have taken possession of it. What am I suppose to do now? I have many of my belongings in the home, and I owe contractors money that was supposed to be paid out of their bank account where I was added as his power of attorney. But now the county says their conservitorship trumps my power of attorney .and told me that i nOlinger need to worry abut the house or him, bUT she left it to me aND left me in charge of everything.now what can I do?

1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Estate Planning Lawyer
  • Redlands, CA
  • Licensed in California

A: If she was married, she can give you all of her separate property, and half of their community property. He still has an interest in their community property.

You will have to bring a probate petition to determine what property you are entitled to. Even still, he may have rights to the house as a probate homestead, even if you were given it by her will.

You need an attorney.

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