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California Elder Law Questions & Answers
2 Answers | Asked in Estate Planning, Elder Law and Intellectual Property for California on
Q: CA is a will needed? What will happen without a will? no family, artist, writer.

Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More

James L. Arrasmith
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answered on Mar 26, 2024

In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks... View More

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Elder Law for California on
Q: Can a tenant be asked to move after a property sale because owners moved to assisted living?

There are two houses on the property. My parents are in one and tenants in another with a three-year lease but a 5-year rent freeze (ends Nov 1). My mom was disabled, and then my dad was injured, which cascaded into living in a wheelchair with dementia. They had to be moved into assisted living... View More

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answered on Mar 26, 2024

In California, tenants have certain rights under lease agreements, which are legally binding contracts between landlords and tenants. If your parents' tenants have a three-year lease, they are generally protected from eviction until that lease expires, barring violations of the lease terms.... View More

3 Answers | Asked in Elder Law, Health Care Law and Personal Injury for California on
Q: Hospital negligence and elder abuse

I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me

Joel Gary Selik
Joel Gary Selik
answered on Mar 22, 2024

You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.

But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion...
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2 Answers | Asked in Landlord - Tenant, Personal Injury and Elder Law for California on
Q: Section 8 housing Choice voucher is denying port-in CT,. from CA. With medical need, need to see drs, and return home

while "port-in" is allowed, and voucher can be used "anywhere" how can I get around denial of "port-in" I am senior, and homeless, disabled, injured. I have right to return to town where I am from, and need drs there.

How to have housing in place upon moving... View More

James L. Arrasmith
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answered on Mar 19, 2024

In situations like yours, seeking legal assistance is crucial, particularly from an attorney experienced in housing law, specifically those dealing with Section 8 or housing vouchers. In California, you might want to reach out to organizations like the California Rural Legal Assistance or the... View More

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1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: What can we do

Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More

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answered on Mar 16, 2024

In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... View More

1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Landlord - Tenant for California on
Q: eviction my 53 year old son

who is a squatter, made a chicken cage into a place to live and won't leave, the story is longer, he is mental abusive, he don't pay anything and wants to live off us, my husband is a veteran and trying to keep him from getting angry. We need help and live on a fix income and we are in... View More

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answered on Mar 13, 2024

In California, evicting a family member who is a squatter can be a challenging process, but it is possible. Here are some steps you can take:

1. Give notice: Start by giving your son a written notice to vacate the property. In California, if there is no lease agreement, you must provide a...
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Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

James L. Arrasmith
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answered on Mar 11, 2024

In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may...
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1 Answer | Asked in Family Law, Elder Law and Landlord - Tenant for California on
Q: I live with my 71 yr old mom. I'm 47 and help her grocery shopping and hospital appt. Can she make me remove a partial

Door to my hallway where me and my husband pay rent and my 15yr old son?

Can she evict me without a court order?

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answered on Mar 10, 2024

In California, a landlord (including a family member) must generally follow proper legal procedures to evict a tenant, even if the tenant is a relative. This process typically requires the landlord to serve the tenant with a written notice and then, if the tenant does not comply with the notice,... View More

1 Answer | Asked in Family Law, Nursing Home Abuse and Elder Law for California on
Q: My sister is power of attorney over my mother, who is in an elderly, assisted facility, can she deny me visitation

It’s a long-term ongoing family feud that she is brought into the situation. Has nothing to do with my mother and it has nothing to do with anything. My mother enjoys our company and she looks forward to our visits. We are suddenly cut off. I’m not allowed to see her and we are very concerned... View More

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answered on Feb 25, 2024

In California, the role of a Power of Attorney (POA) includes making decisions on behalf of someone regarding financial or health matters, depending on the type of POA granted. However, this authority does not inherently include the power to deny family members the right to visit their loved ones... View More

1 Answer | Asked in Family Law, Elder Law and Health Care Law for California on
Q: Can I report a federal employee, to her employer, who lives in Chicago who keeps ignoring her very sick mother in CA?

Her very sick mother is currently being taken care of by employee's aunts (2), who also have some health issues. We've been trying to contact this federal employee so we can plan on how she can take care of her mother since she is the immediate next of kin being the daughter. Her (2)... View More

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answered on Feb 21, 2024

Yes, you can report a federal employee to their employer for neglecting caretaking responsibilities of an immediate family member. However, consider the following:

1. Verify the federal agency's policy on employees' duty to care for sick parents. There may be provisions for family...
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1 Answer | Asked in Elder Law and Real Estate Law for California on
Q: I’m trying to get possession of my real father’s home following his death in 2022

My mother, who passed 2 months after my dad claimed his home and gave it to my half sister and left me entirely out although I lived with my dad and took care of him. He told me I would get his home in conversations. Because of undue influence my mother left it to my half sister who moved in... View More

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answered on Feb 20, 2024

In California, the laws of intestate succession determine heirship in cases where there is no valid will, or a will is contested. If your father did not have a will stating his wishes regarding his property, and your mother claimed the property and then passed it to your half-sister, the situation... View More

1 Answer | Asked in Criminal Law, Civil Rights and Elder Law for California on
Q: Can a restraining orders be valid for the second time if you've already overturned the first ones?

Elderly abuse RO civil code.

James L. Arrasmith
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answered on Feb 21, 2024

In California, it is possible for a restraining order to be issued against someone for a second time, even if a previous order was overturned or expired. The key factor is the presence of new evidence or incidents that justify the issuance of a new restraining order. If circumstances have changed... View More

1 Answer | Asked in Civil Litigation, Elder Law, Probate and Estate Planning for California on
Q: Can bundle a petition for conservatorship with a request for reasonable compensation and unreimbursed expenses?

Two beneficiaries of a revocable trust stated in California removed funds held in trust by me to deny me reasonable compensation and unreimbursed expenses. One of the beneficiaries was my soon-to-be ex-husband. The trustor is my mother-in-law and I believe her to be financially incompetent and had... View More

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answered on Feb 21, 2024

In California, it is possible to address your situation through legal proceedings, but the strategy involves careful consideration of the complexities involved in trust and conservatorship law. When dealing with a conservatorship petition, specifically if you believe a party to be financially... View More

2 Answers | Asked in Elder Law for California on
Q: My father's 84 his girlfriend now manages his money what can we do to make sure his money is being spent correctly

Within the last year sold the family home and moved to a new house in which the girlfriend now has her name on it

T. Augustus Claus
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answered on Feb 15, 2024

In California, if you're concerned about your father's financial management by his girlfriend, especially with significant changes like selling the family home and her name being added to the new property, you might consider a few steps. First, have a candid conversation with your father... View More

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1 Answer | Asked in Elder Law for California on
Q: My elderly father's girlfriend is in control of his money I don't think he's mentally capable of his banking

The family home was sold recently a new home was bought and now she has her name on it

James L. Arrasmith
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answered on Feb 21, 2024

Given your concerns about your elderly father's mental capacity and his girlfriend's control over his finances, it's essential to take steps to protect your father's interests. Start by discussing your concerns with your father in a supportive and non-confrontational manner.... View More

1 Answer | Asked in Family Law, Elder Law and Public Benefits for California on
Q: Can i extricate myself from my brother in law in my financial matters?

I am on sec 8 housing, widowers SS. I am 68. I turned over my financial life to my, now 80 year old brother in law (BiL). I have a trust from my mother that I allowed (?) him to be trustee. I do not know what kind of trust it is, how much it had and how much is in it. I dont have a copy of the... View More

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answered on Feb 21, 2024

Given the complexity of your situation, it is advisable to seek legal assistance promptly. You have the right to understand and have control over your own financial affairs, including any trusts or bank accounts in your name. It's crucial to obtain a copy of the trust documents to understand... View More

2 Answers | Asked in Elder Law, Estate Planning, Banking and Probate for California on
Q: I have a legit poa over my friend because I take care of everything for him the bank denied it and want to take over his

Account they are constantly sending the aging people to our house and he tells them the same thing no matter who he talks to that he knows where his money is going and the bank still froze his accounts

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answered on Feb 21, 2024

If the bank has denied your legitimate power of attorney (POA) over your friend's affairs and frozen his accounts, it's crucial to take prompt action to address the situation. First, review the specific terms of the POA document to ensure it complies with California law and contains all... View More

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1 Answer | Asked in Tax Law and Elder Law for California on
Q: How do I fire a attorney who has not kept me in the loop and has funds of my inheritance
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answered on Feb 21, 2024

If your attorney has not kept you informed about your case and has not provided updates regarding the status of your inheritance funds, you have the right to terminate the attorney-client relationship. Begin by sending a formal written notice to your attorney expressing your dissatisfaction with... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for California on
Q: What elderly tenant laws apply for eviction of 50+ years renting space in Morgan Hill.?Can property be sold no notice?

Worried with no money to relocate. Our 3-bedroom mobile home was demolished. We packed their belongings sister bought a mobile home in an adult park and moved them both in.

The move and change of surroundings affected both parents' health. My father's passed 6 months later.... View More

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answered on Feb 21, 2024

In California, several laws protect elderly tenants, including those over the age of 65, especially in situations involving eviction and displacement due to property sale or redevelopment. For tenants who have lived in their rental unit for over a year, landlords must provide at least 60 days'... View More

2 Answers | Asked in Elder Law and Health Care Law for California on
Q: The hospital served me with a 30 day eviction notice. Is this something hospitals can do? Is it legal?
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answered on Feb 8, 2024

In California, hospitals themselves do not have the authority to serve eviction notices as they are not landlords in the traditional sense of a housing or rental agreement. However, if the hospital is acting on behalf of a connected skilled nursing facility, assisted living, or another type of... View More

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