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This person, manipulated her father along with her husband, became POA, Caregiver and Trust executor. Self dealing, controlled all assists, withheld family from seeing their father.
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answered on Sep 15, 2019
I think you're in California. I would think you'd want to contact the Department of Adult Protective Services. There should be at least one office in each county. Then you should talk to a lawyer.
Would a person on social security disability who has been diagnosed as permanently totally disabled due to mental illness (bipolar) and required to have a representative payee to manage their benefit payments on their behalf be considered a dependent adult?
This is regarding a wrongdoing... View More 
answered on Sep 11, 2019
Every case is unique and more information is needed to properly answer your query intelligently. In addition, you should NOT be discussing your case on an open forum like this.
It is always a good idea to contact a local attorney that handles these types of cases in the court where you... View More
They told me when there in person I did not need to. I am now reading that’s not true and I needed to file it within 30 days. One of his children of my aunt has filed for probate to be executor of estate, She knows I have his last will and testament but is ignoring it. The home is in process to... View More
answered on Sep 9, 2019
If the property was solely in your grandfather's name, then the only way it can pass to anyone is through a probate action. If you are in possession of your grandfather's original will, it is your responsibility to "lodge" it with the Santa Clara County Clerk within 30 days. I... View More
She is selling a house that is willed to me. i know she is steeling assets i have not had an accounting of the trust since she took it over can i do anything i can only afford a few thousand dollars.
I would also like more info so i can do my own will at one time the estate was worth more... View More
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answered on Aug 27, 2019
Your sister cannot change your mother’s will.
If you suspect that your sister is mishandling your mother’s affairs find a trust litigation attorney in your area to talk about filing a petition to have her removed as trustee if you have sufficient proof that she is stealing assets.
Is there a way she or I can take out a loan on her home so she can stay? So we can pay her home health care workers come and have all her food and bills paid?She owns her home and she had given me her other home that I lived in for 15 years.My son has lived with her for 2 years and has been taking... View More
answered on Aug 20, 2019
There are different options.
Many people use a reverse mortgage to take money out of the value of their house. It is basically a loan with the house as collateral and you never make payments. You keep living there and in the end, the bank gets their money back, plus a bunch of interest,... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
Sis wants to kick me out of the house i thought was mine given in will
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... View More
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... View More
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.
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... View More
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.
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!
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... View More
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... View More
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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.... View More
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.... View More
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.
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.
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... View More
I need a financial elder abuse litigator for elder abuse against my mother and against me. Case involves a large estate over $20 million.
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.
"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... View More
answered on May 13, 2019
more info needed.
You need to contact a probate lawyer asap for guidance.
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... View More
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
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.
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... View More
both disabled adult and trustee are sibling beneficiaries of an irrevocable family trust in California.
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:... View More
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