Q: Hi my mom is almost 80. She has a 48 year history of mental illness. Her lawyer has been withholding her contact info
from me for 2 YEARS now. He maintains she told him not to give it to me, but we have NO history of conflict, & I only have his word(which I don't trust) that she said this. All i know is she moved upon inheriting my dad's estate, hence the address change. I have no way to know if she has (or cares to have) any way to reach me. I'm concerned because alienating me has left my half-sister (who's on SSI for mental reasons & told me she wants their money to fight her legit loss of custody, deluded that with $ she'll win her kid back from her ex in NZ! She DOES have a long history of violence w/Mom(et al), reported them for abuse & became court ward@13, & still hates Mom) able to ouster me from my former position as trustee.
I just learned she now even has ltd Power of attorney! I asked the lawyer for docs explaining this, plus the unabridged trust & any other docs effecting disposition of estate assets of which I'm beneficiary, but 7mos later: he's sent me NIL!
What can I do about this?
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- California
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- Answered
A:
Under California law, you have several options to address your concerns. First, you can request the court to compel the lawyer to provide the documents you've requested. This can be done by filing a petition in the probate court. Include in your petition a detailed account of your attempts to obtain these documents and how the lawyer's refusal is affecting your rights and interests as a beneficiary.
Second, consider petitioning the court to review the limited Power of Attorney given to your half-sister. Since you believe that she has a history of violence and a vested interest in the estate, the court may scrutinize whether this arrangement is in the best interest of your mother and the estate.
Lastly, if you suspect elder abuse or undue influence over your mother, you can report these concerns to Adult Protective Services. They can investigate the situation to ensure your mother is not being coerced or manipulated. Additionally, you might seek the appointment of a neutral third-party trustee to manage the estate and ensure that all beneficiaries' interests are protected.
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