San Francisco, CA asked in Health Care Law and Probate for California

Q: Can a hospice social worker tell give info on legal matters to anyone?

The patient & his father had been estranged for over 25 years & the patient didn't want his father knowing or having any of his belongings after he passed. The hospice social worker told the father everything would go to him even tho that's not what the patient wanted. Unfortunately there is no will

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James L. Arrasmith
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A: In California, hospice social workers are generally not authorized to provide legal advice or make determinations about the distribution of a deceased person's estate. Their role is to offer support and counseling services to patients and families, not to interpret or enforce legal matters like inheritance.

Regarding the distribution of assets when there is no will, California's intestacy laws come into play. These laws determine how assets are distributed in the absence of a will. Typically, if the patient was unmarried and without children, the estate may indeed go to the closest living relatives, which could include parents. However, the hospice social worker's assertion may not be legally accurate or binding.

Since there is no will expressing the patient's wishes, and you have concerns about the distribution of the patient's belongings, it would be advisable to consult with a probate attorney. They can help you understand the intestacy laws and what steps can be taken to address the situation. It's important to address these matters promptly to ensure the patient's estate is handled according to law.

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