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California Elder Law Questions & Answers

1 Answer | Asked in Elder Law and Probate for California on

Q: Why would a petition to quiet title take 3-4yrs of litigation? Is it bcuz u assuming the other heir will fight me on it?

So how long would this process take if we assume the other heir won't say anything, no arguments from the other side? After i TRY to quiet title and ask to exclude this asset from the estate forever, using probate code 850.... oh wait, i forgot i dont only wish to quiet title inorder to correct the... Read more »

Richard Samuel Price answered on Aug 8, 2019

An uncontested case would probably take about a year. A contested case would probably take two to three years. I hope that this answers your questions.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for California on

Q: I am the Conservator of The Estate. How can I legally gain access to enter my conservatee's home?

I have a court order to gain access, LAPD did not want me to enter because I would be in harms way although she was not violent she had barricaded the doors & windows, 3 officers pushed the door open 12", APS said I do not need to gain access she looks fine & does not want me in the house. I was... Read more »

Richard Samuel Price answered on Aug 6, 2019

Serve written notice on the conservatee of your request to enter and keep copies. Document the attempts that you make to enter the home and make repairs.

Try a different approach, or send a different person? It may seem a bit heavy-handed to come with police officers.

The...
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2 Answers | Asked in Elder Law and Probate for California on

Q: How do I go about on getting my nephew off of.being power of attorney of.my mother whom.is 84 yrs Old.

This situation is very complicated.i have made elderly abuse report .gotten advice fro.jaime gallardo from legal aid

But nothing happen

This was like in 2011 or 2012.meanwhile a brother I have living at my mother bulked.her for $29,000. From her checking account out permission... Read more »

James Edward Berge answered on Aug 3, 2019

If your mom is competent, she can simply send her nephew a letter informing him that his power of attorney has been revoked and then notify everyone that you’re aware of who is relying on that power of attorney that it has been revoked. If your mom is incompetent, call Adult Protective Services... Read more »

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2 Answers | Asked in Contracts, Real Estate Law, Elder Law and Probate for California on

Q: my mom left a will she split up the assets to me and my siblingshowever I wasnt told what my part was. My sis my trust

Sis wants to kick me out of the house i thought was mine given in will

Bill Sweeney answered on Aug 2, 2019

If your mother had a valid Will you need to obtain a copy of the Will. The Will may have been lodged with the superior court where your mother resided on her death. If your mother owned real property in her name and not jointly and the real property has a fair market value of more than $150,000 a... Read more »

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1 Answer | Asked in Family Law and Elder Law for California on

Q: Can I be legally reimbursed (from my mother's bank account) for expenses incurred doing home repairs on her house?

My mother is 86 and in the early stages of dementia. My brother and sister live at my mom's house rent-free, but do little to care for her. They also are trustees of her living trust (which they coerced her to get) and will not show me that document. She needs many repairs to her house (sewer... Read more »

James Edward Berge answered on Jul 22, 2019

It depends on whether your power of attorney is durable, whether your authority under that power of attorney is effective immediately or only upon incapacity, and the express powers given to you. It also depends on whether that power of attorney remains effective or has been revoked.

1 Answer | Asked in Estate Planning, Elder Law and Probate for California on

Q: How do I proceed with pursuing failure to serve me as heir and fiduciary misconduct in my father’s estate?

A questionably valid POA was signed while my dad was on many forms of life support and then a Trust was created with that POA. Money was taken and placed into the POA’s personal bank accounts and she continued to collect that money after his death on the POA. She was required to handle my... Read more »

Richard Samuel Price answered on Jul 11, 2019

You may have to file a petition with the probate court to seek relief. This is complex and you need an attorney. Contact an attorney in your area.

1 Answer | Asked in Real Estate Law and Elder Law for California on

Q: We live in an over 55 community with no HOA. What can we do about one person that's 34 yrs old here? Nuisance

The real estate company knew this! We have been inundated with loud music and pool parties!

And he's a bully to the residents because we're older!Please help!

Jeffrey Louis Gaffney answered on Jul 8, 2019

Sadly, the rules that keep people 55 and under are not laws, but just an enforceable agreement among the owners.

Somewhere you have a Homeowners Association (HOA) that has a set of rules and covenants (CCRs).

Did they BUY or RENT? If renting then the HOA can enforce penalties...
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3 Answers | Asked in Civil Litigation, Personal Injury and Elder Law for California on

Q: Why is it so difficult to find a lawyer for Dependent Adult Financial Abuse case when EADACPA awards attorney fees?

The case is well documented, proven and the crime has even been admitted to under oath in federal court....it seems as if there are few (none) attorneys familiar with or interested in taking a civil case involving financial abuse of a dependent adult. The Elder Abuse Dependent Adult Civil... Read more »

Randall R. Walton answered on Jun 19, 2019

It is not clear what you mean when you say the case has already been "proven" in court, but the remedies of attorneys' fees and punitive damages you mention are only realized after a verdict. That means your case must be tried, which you probably know is a long and expensive pathway. If your case... Read more »

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1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for California on

Q: Can i be Admin/pttioner of Est & also file850 prbt code to quiet title? bcuz A home incld in estate is mine,not decedant

Is it ok to be Administrator of Estate if i have conflict with the decendant ownership to a property? This is whats going on....My uncle is the only living son and he figured this was an easy way to inherit something. By changing title to one of my properties into his mothers name who was dying.... Read more »

James Edward Berge answered on Jun 16, 2019

In California, you can file a petition for the appointment of an independent administrator of the estate but you cannot be the administrator because you have a conflict of interest.

1 Answer | Asked in Elder Law for California on

Q: I live in CA and my mother lives in a skilled nursing home in MS. POA is needed to stop sister from taking her funds.

My only sister lives in MS and she is taking money from her while she is in the facility permanently. When my mother admitted herself into the facility she emptied my mother home of everything. And has opened accounts in my mother name.

Jeffrey Louis Gaffney answered on Jun 15, 2019

Elder Abuse is a crime in every state of the Union. If it were here at home we could get a restraining order to keep your sister from taking the money. I am sure you can do the same thing in MS.

Do you mean that YOU want a POA over your mother? Your mother will have to possess the...
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1 Answer | Asked in Civil Rights, Criminal Law, Elder Law and Probate for California on

Q: An attorney and appointed trustees who had accepted the trusteeship had my disabled mother

I need a financial elder abuse litigator for elder abuse against my mother and against me. Case involves a large estate over $20 million.

Richard Samuel Price answered on Jun 1, 2019

The best thing for you to do is to all come local attorneys and get some advice about your case. You can contact your local bar association for a referral to an elder abuse attorney.

1 Answer | Asked in Criminal Law, Elder Law and Probate for California on

Q: Im Admin of Estate but not "Next of kin".Can i force"next of kin" 2give me Bankin info,keys,valuables he took & how?

"Next of kin"& caretaker in kahoots have taken over bank accts. by false POA, taken jewelry from safe deposit box too and other expensive collectors items.Caretaker added her name onto several bank accounts & was writting checks."Next of Kin" had recently started to visit grandma almost everyday... Read more »

Dale S. Gribow answered on May 13, 2019

more info needed.

You need to contact a probate lawyer asap for guidance.

1 Answer | Asked in Civil Rights, Criminal Law, Elder Law and Gov & Administrative Law for California on

Q: Can I be deprived of personal items in a car impounded by police if I am not the registered owner?

I rent a car from an individual. The car was impounded by the Sherriff and I can't get in touch with the owner. I am being denied my personal property: cell phone, passport, work items, and clothes and food even though I can prove ownership of the items. I'm severely affected by not having my... Read more »

Dale S. Gribow answered on May 7, 2019

more info needed.

obviously you try to get them back in a nice way........if that doesn't work maybe contact politicians.

you may have to retain a lawyer to move the court for the return of your items

1 Answer | Asked in Elder Law for California on

Q: Can wife qualify for Medicaid if husband's money is all going to residential care facility?

My mother had to put my father in a residential facility due to dementia and not being able to care for him. She is 86 and he is 84. Can she apply for Medicaid? She only gets $700 from Social security and has to pay rent,utilities and prescriptions.

Jeffrey Louis Gaffney answered on May 6, 2019

Yes she certainly can.

Among the things to watch for is protecting her assets from "pay back" to Medi-Cal. If either or both spouses go into nursing home care, Medi-Cal will keep track of how much money they are spending and try to recover that money from the estate after they have both...
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1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Probate for California on

Q: Is an attorney ethically obligated to report suspected financial abuse of a disabled adult beneficiary by the trustee?

both disabled adult and trustee are sibling beneficiaries of an irrevocable family trust in California.

Sally Bergman answered on May 2, 2019

Attorneys are not mandated reporters of suspected financial elder abuse. As well, our ethics rules do not follow the American Bar Association ethics rules all other states follow that allow for more attorney action. Our rules on this subject can be found here:... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Elder Law for California on

Q: Is using hidden videos taken of a caretaker who was caught on camera stealing from my mom admissible in court?

A few years back, I had installed cameras throughout my mother’s home(with her consent) to monitor her when I wasn’t home to make sure she was ok as she has early/mid stages of dementia. Recently she is needing more care and I need to hire a in home caregiver for a couple of hours and have... Read more »

Dale S. Gribow answered on Apr 19, 2019

more info needed.

chances are they would be good but i would ask the DA who i assume is prosecuting them.

s/he will have all the info to make that determination

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1 Answer | Asked in Elder Law for California on

Q: I am being subjected to elder abuse by my live-in caregiver.

I am a competent senior. My caregiver is subjecting me to emotional abuse, but I cannot get rid of her. Any recourse?

Jeffrey Louis Gaffney answered on Apr 14, 2019

If you cannot just fire the caregiver,ort if she won't leave and no one in your family will help you, then you can ask the court for help.

A court can grant a Restraining Order for Elder Abuse. You start by asking for a Temporary Restraining Order at the court house, then, if it is...
Read more »

1 Answer | Asked in Elder Law for California on

Q: Is it elder abuse if my former landord refuses to refund my security deposit?

When I asked for refund (after waiting 21 daysl) she told me to 'sue me'

I am a 71 year old man with my lower left leg amputated.

Jeffrey Louis Gaffney answered on Apr 9, 2019

It certainly can be elder abuse, but you would have to prove bad faith by the landlord. Is it possible that you don't get your deposit back for legitimate reasons? If the landlord is just a crook, then I am afraid you may just have to sue to get it back.

Try calling the Tenants Rights...
Read more »

1 Answer | Asked in Elder Law and Probate for California on

Q: ....can I write on top MotionNotice & Motion on one paper? And how many requests can i ask court to do per motion?

How do i ask the probate court to release my money out of blocked accts? I want the court to release all the money to me ($600k approx.) this has been a waste of time. And I also want to tell the court that since this money does not belong to the deceased I want court NOT to pay the claim to Health... Read more »

Richard Samuel Price answered on Apr 3, 2019

There is a judicial counsel for to petition the court to withdraw funds from a blocked account: Judicial Counsel Form MC-357. You must also file an order to withdraw funds from a blocked account: Judicial Counsel Form MC-358. When you file this petition and order, you can only ask the court to... Read more »

2 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on

Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me

then had an emergency procedure at sutter they gave me medicence i am allergic to, they strapped me in bed have pix to show bruises. how does hospital not give me my own files?? how they give me wrong medicene, both uc davis who deformed me n refuse me my paperwork, and sutter which give me... Read more »

William John Light answered on Mar 26, 2019

You are entitled to your medical records. You are not entitled to the internal investigation.

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