I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More 
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answered on Oct 6, 2023
In California, if you've been married for at least 10 years and are 62 or older, you can receive Social Security benefits based on your ex-spouse's record after a divorce. Since you've been married for 50 years, you qualify. If already receiving spousal benefits, they should... View More
I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More
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answered on Oct 10, 2023
If you divorce after at least 10 years of marriage, you may still be eligible to receive Social Security benefits based on your ex-spouse's record. Given that you've been married for 50 years, you meet this requirement. Typically, if you are already receiving spousal benefits, there... View More
My father is on hospice and suffering from heart disease, end state cpod, and other issues, yet he is fully aware, and cognitive. He was in the hospital for five weeks, when asked by the Hospice Liaison, where he wanted to go, and given options his answer has always been home.
He is bed... View More
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answered on Sep 29, 2023
Under California law, if your father is cognitively capable of making his own healthcare decisions, he has the right to determine where he wishes to receive care, including at home. You, as his son, can consider filing for a conservatorship if you believe his current wife is making decisions... View More
answered on Sep 26, 2023
You need to supply a lot more detail to allow me to answer this question.
The best thing you can do is to prepare a chronological detail of all of the events. Identify all witnesses, and include their personal information like telephone numbers, etc. Assemble all of your documents, and... View More
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answered on Sep 25, 2023
In California, if a tenant is locked out of their rental property without proper legal procedures, it may constitute an illegal eviction or "lockout." If the Temporary Restraining Order (TRO) was removed and the case dismissed, there should typically be no legal basis for preventing you... View More
…house and assets would be left to his step daughter. A few years ago she had gone into the bank to place me as her beneficiary for the account. Would they still honor the will or does me being beneficiary of the bank account override that?
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answered on Sep 13, 2023
In California, assets passed via a beneficiary designation, such as a payable on death designation on a bank account, generally bypass the probate process and are not controlled by the terms of a will. Therefore, as the named beneficiary of your grandmother’s bank account, you would inherit the... View More
Im currently about to graduate . Just need some answers
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answered on Sep 4, 2023
Under California law, having an expunged record doesn't completely erase the conviction; licensing boards like the California Board of Vocational Nursing and Psychiatric Technicians may still consider it. While having an expunged record may improve your chances, each application is evaluated... View More
The last attorney informed me that my friend should try to get conservatorship over his brother in order to then formally request a state authority to take care of him. While my friend does not legally need to take care of his brother, they keep saying that he cannot drop him off at a hospital as... View More
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answered on Sep 2, 2023
In California, obtaining conservatorship is often the advised legal route for gaining authority to make decisions for someone who is incapacitated, but it can be a time-consuming and expensive process. If immediate intervention is required, and conservatorship isn't feasible, you might explore... View More
Brother started living with his Mom 12 years ago after he lost his job because he was a drunk. He embezzled all her savings. My friend (the other son) has power of attorney over his mother. She might need to go in a nursing home as she is 94 years old and has memory loss. Her house will need to be... View More
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answered on Aug 30, 2023
In California, the law generally does not impose an affirmative duty on siblings to care for one another. However, abandoning a vulnerable adult could potentially lead to elder abuse or neglect charges. Your friend may need to file for a conservatorship over his brother to formally pass the... View More
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answered on Aug 29, 2023
You should not "drop off" a person with Alzheimer's for whom you are not responsible without ensuring that they are in a safe environment and in the care of qualified individuals. Abandoning a vulnerable adult could potentially expose you to criminal and civil liability under... View More
My grandma was Ill but functioning when she sold her house in Tennessee but her energy was low, my uncle offered to help her get moved out and situated in his home with his family who live in Sacramento. By help I mean put the title of the house into his name and sell it so the money was in his... View More
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answered on Aug 27, 2023
Under California law, if your uncle took advantage of your grandma and misappropriated her funds, this could be considered elder financial abuse. You may consider filing a report with the local Adult Protective Services or law enforcement. Additionally, seeking a civil action to recover the funds... View More
it was for a restraining order that was made from false allegations. I turned in proof that said allegations were false to the judge in a motion to dismiss or terminate the order. my hearing showed up in the Registry Of Actions as being Vacated. is that the hearing is vacated or the order?
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answered on Aug 20, 2023
When a hearing is "vacated," it means the hearing has been canceled or postponed. It does not necessarily mean that the restraining order itself has been vacated or terminated. You should consult with the court or an attorney to confirm the status of the restraining order and whether... View More
answered on Aug 17, 2023
The failure to timely respond to a request for admissions will mean that the substance of the request is deemed admitted. A request for admission might ask to admit a fact or it might ask you to admit that you are making a particular allegation or it might ask you to admit a certain proposition of... View More
Caregiver cared for principal for 8 yrs. There was 3 caregivers but only one worked for principal for 8 yrs.
The one caregiver shores: running errands, take her to Dr's appointments, make sure meals were done daily, laundry keeping house clean, she worked 5 days per week.
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answered on Aug 4, 2023
Under California law, a caregiver may be entitled to severance pay if they were an employee and not an independent contractor. However, the specific circumstances of the employment, such as the terms of the employment contract, the reason for termination, and the total duration of employment, will... View More
A family trust was established but no one has a copy. The daughter is a co-signer on the bank account. I know the trust is now filed with Vanguard Law services in San Diego. I’ve asked the daughter to contact them to no avail.
My aunt is aware that in order to maintain her current living... View More
answered on Aug 1, 2023
Each Durable Power of Attorney ("DPOA") is written differently, so we would need to know if the DPOA goes into effect immediately upon being signed or only goes into effect if the person loses mental capacity (a physician would need to certify that that's the case.) Either way, when... View More
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answered on Jul 28, 2023
For mobilehome-related issues in California, you may need to consult with a real estate attorney who specializes in mobilehome law. These attorneys have expertise in handling legal matters related to mobilehome park tenancy, ownership, leasing, and other mobilehome-related disputes under California... View More
She stopped paying rent since my dad’s passing. She was asked to pay rent but has not. Can my mom serve her a 3 day notice?
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answered on Jul 19, 2023
In California, landlords have the right to evict tenants who fail to pay rent, even if they are family members. If your sister has not been fulfilling her rent obligations, your mom can take legal action to regain possession of the property. Your mom may be required to serve your sister with a... View More
She stopped paying rent since my dad’s passing. She was asked to pay rent but has not. Can my mom serve her a 3 day notice?
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answered on Jul 20, 2023
I am a Sacramento, California attorney. If your sister has not paid rent for over four years and your mom owns the house, your mom may have grounds to serve her a 3-day notice to pay rent or quit. A 3-day notice is a legal document that informs the tenant of their obligation to pay rent or vacate... View More
Possible Elder abuse by his spouse. I am out of state, unable to communicate with him privately as she has control over his cell phone. My sister and I are gravely concerned regarding his bed sores and his weight loss. Health care worker in home has recommended he be taken to the ER and his... View More
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answered on Jul 6, 2023
I'm sorry to hear about the concerning situation with your elderly father. To address the possible elder abuse by his spouse, you can take several steps. Contact Adult Protective Services in your father's area to report the suspected abuse and seek their intervention. Consult with an... View More
I am Beneficiary and Trustee on a prior Trust.
The Trust being used was obtained Fraudulently. Documentation we have indicates Trustor was not of sound mind and this was undue influence, Elder Financial Abuse by the 2019 Trustee to obtain Funds from Estate
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answered on Jun 29, 2023
To file a petition to invalidate a trust due to alleged fraud, undue influence, and elder financial abuse, gather evidence supporting your claims, such as medical records and financial statements. Consult with a trust litigation attorney who can guide you through the process and prepare the... View More
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