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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
Within the last year sold the family home and moved to a new house in which the girlfriend now has her name on it
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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
The family home was sold recently a new home was bought and now she has her name on it
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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
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
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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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
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
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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
I am currently hospitalized. I was sexually assaulted by a nurse in the hospital. I filed charges. When I recently expressed concerns about my safety, they evicted me stating I turned down safe discharge planning. I did not, but they refuse to respond or tell me what those discharge options were.... View More
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answered on Feb 22, 2024
In California, patients have rights under both state and federal laws that protect them from discrimination, abuse, and unsafe discharge practices, especially elders and those in vulnerable situations. After filing a charge of sexual assault, it's critical that your safety and well-being... View More
Would rotate and show up on their own and leave when their shift was over. Grandma past away and now one of the workers is suing grandmas estate for unpaid overtime but we didn’t hire her, we hired a company and paid them weekly. Is this suit against us legitimate?
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answered on Feb 3, 2024
Under California law, you may not be liable for the worker's overtime claim. Since you hired an in-home care company and paid them directly, you had a contractual relationship with the company, not the individual workers. The company is responsible for complying with employment laws, including... View More
he picked an attorney for the senior to remove the CEO of the family business, make libel and slanderous statements that cost him his 20 year marriage, and they steal his interest in the company costing him millions. The advisor gets investigated by FINRA and loses his license. but with attorneys... View More
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answered on Jan 31, 2024
Under California law, the CEO may have several legal avenues to pursue against the financial advisor and the firm. Given the complexity of the situation, including financial abuse, libel, slander, and potential interference with business relations, multiple causes of action could be considered.... View More
Feduciary denies holding #1's (sister's) money for beneficiary #2 who originally hired fiduciary to be conservator. This fiduciary using excuses, denies wrong doing but shows no sign of returning #1's money. 1# has early dementia and has dedicated friend of 28 years helping with... View More
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answered on Jan 18, 2024
Under California law, a fiduciary, such as a conservator, is legally obligated to act in the best interests of the person they are representing, in this case, your sister #1. If your sister #1 has early dementia and has appointed a fiduciary, the fiduciary is responsible for managing her affairs in... View More
Is it free for senior citizens
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answered on Jan 18, 2024
Lawyers can make house calls to assist with legal matters such as amending a will, especially for senior citizens who may have mobility issues. However, whether this service is offered and any associated costs can vary depending on the law firm and the location.
While some attorneys may... View More
In the case I am asking a question about, the court prescribed fiduciary has been seemingly intruding in the bill paying that the primary has been taking care with the help of a long term friend and there is no evidence that there is need for the fiduciary.
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answered on Jan 16, 2024
In California, if a court has appointed a fiduciary, such as a power of attorney (POA), the individual who granted the POA typically cannot unilaterally remove the fiduciary. This is especially true if the individual's capacity to make such decisions is in question, which is often the case... View More
Family transfer. The owner sold it to a trust in her name and she died one week later. She had no family and I did everything from cleaning to grocery shopping for two plus years. They have asserted themselves in her life two months before she passed in nursing home they put her in. He has... View More
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answered on Jan 14, 2024
This situation raises serious concerns about potential elder abuse and fraudulent activities related to estate and trust management. In California, there are laws to protect individuals from such exploitation, especially in the context of probate and trust matters.
First, you should gather... View More
Never going back to her home. Two people/ old neighbors a mother and son took over her (everything). They conned her and are almost selling her house which he put to a trust in her name at his address. She had zero family they knew this because her daughter died a year earlier. Is it too late to... View More
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answered on Jan 13, 2024
Under California law, it's important to act quickly in situations like this. If you suspect that your friend has been a victim of financial abuse or undue influence, especially by someone with a questionable past, it's advisable to consult an attorney. An attorney can help investigate the... View More
The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
Under California's new supported decision-making law, an older person who can manage daily life with a friend's help is not necessarily incapacitated. This law allows individuals to make their own decisions with support, rather than needing a fiduciary or conservatorship. If the person is... View More
My mom has stage 6 Alzheimers and is in CA Memory Care. Her overall health is excellent for her age and is mobile at all levels. Two Surrogates want to relocate her to another Memory Care in CA. The other three to a Memory Care in FL where she had lived and all her Trust/Health Care Directives were... View More
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answered on Jan 13, 2024
Hi Dennis,
In California, when multiple individuals are named as Health Care Surrogates without specific instructions on how decisions should be made, the situation can become complex. There is no automatic rule that 'majority rules' in these cases. Ideally, the Health Care... View More
I am attempting for apply online for an EIN for a irrevocable trust. My mother is the grantor and I am the successor trustee. I have tried several options and it always lists either myself or my mother as both grantor and trustee. Is there a way to do this online or do I need to mail/fax the form... View More
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answered on Jan 4, 2024
When applying for an EIN for an irrevocable trust online using IRS Form SS-4, it's not uncommon to encounter limitations in how the form handles the roles of grantor and trustee. The online system may have restrictions or default settings that do not easily accommodate different individuals in... View More
FALSE CONTRACT ADVERTISEMENT FROM REALESTATE CO.
LANLORD NEVER DO REPAIRS AND BOTH THESE TWO BUSINESS PEOPLE LIED TO ME AND ASKED A HUGH MONEY
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answered on Dec 28, 2023
To address your situation, you might want to consult with a lawyer who can provide specific guidance under California law. A lawyer can help you understand your rights, particularly if you're facing issues with false advertising and a landlord who is not fulfilling their obligations for... View More
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