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these twin brothers have already been victims of their caregivers stealing there entire life's savings. these men are bed ridden I stepped in and took over for awhile but we couldn't retrieve any money. we were able to keep them from loosing there mobile home to live in. the care giver... View More 
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answered on Aug 16, 2024
Under California law, if someone has obtained Power of Attorney (POA) through coercion or fraud, it can be revoked. Lonnie has the right to revoke the POA if he did not fully understand what he was signing or if it was done under duress. He can also take legal action to have the POA declared... View More
Before my uncle got with his wife he's been living there his whole life, now his wife lives there too. My grandparents are retired, however my grandma is still working at a hotel as a housekeeper, she can't work anymore it's getting too difficult and I think she just needs to rest... View More
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answered on Aug 9, 2024
It sounds like a challenging situation for your grandparents, and it’s understandable that you want to help them. First, it may be helpful for your grandparents to have an open conversation with your uncle and his wife about their expectations and contributions to the household. Setting clear... View More
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answered on Aug 7, 2024
Under California law, a violation of Penal Code 368(b)(1), which pertains to elder or dependent adult abuse, can have serious consequences. This section specifically addresses willfully causing or permitting an elder or dependent adult to suffer unjustifiable physical pain, mental suffering, or... View More
I moved into a home that my mother told me she bought for me but was in her name, and bought it in a 55+ moble home park but i was 40 at the time. She said that my dad was needing help and he couldnt live with her and her boyfriend anymore, i told her fine i will help dad because that home was mine... View More
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answered on Aug 1, 2024
In California, verbal agreements can be legally binding, but they are often difficult to prove in court. Your situation is complicated by the lack of written documentation and the fact that your mother did not put your name on the deed as promised. It's crucial to gather any evidence you might... View More
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answered on Aug 1, 2024
Living with an elder parent who throws away your personal belongings can be very stressful and difficult to manage. In California, there are no specific laws that address this exact scenario, but there are legal and practical steps you can consider to protect your belongings and address the... View More
On June 19, I had 5 implants placed in my bottom jaw but the dentist tragically committed suicide on July 6 before attaching teeth. I put $12k on a credit card, since paid off, but have a $28k loan I am responsible for. I’ve called the office multiple times, get a backup answering service, and no... View More
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answered on Aug 1, 2024
I'm sorry to hear about your situation. First, you should stop all payments on the loan immediately. Contact the credit card company and explain the situation, providing any documentation of the dentist's passing and the unfinished work.
Next, you should reach out to the state... View More
The son is a trustee with power of attorney granted by the family revocable living trust sold his mother's house and put her in a senior care facility. The mother has since passed away. Do the other siblings have standing or a right to sue that brother? The house needed some repairs. The son... View More
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answered on Jul 31, 2024
Selling a home significantly below market value can potentially be a breach of fiduciary duty if the trustee fails to act in the best interest of the trust beneficiaries. Under California law, trustees have a duty to manage trust assets prudently and to maximize the value of the estate. In this... View More
Father wants to know how to save family from financial ruin & possible physical harm(although she hasn't physically abused anyone yet, it's a very scary and real possibility it can happen & consensus is that it's only a matter of time as she's expressed sudden interest... View More
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answered on Jul 31, 2024
Under California law, you have several options to address your mother's condition and protect your family. First, you can petition the court for a conservatorship, which allows you to make medical and financial decisions on her behalf. This is crucial for ensuring she receives the care she... View More
from me for 2 YEARS now. He maintains she told him not to give it to me, but we have NO history of conflict, & I only have his word(which I don't trust) that she said this. All i know is she moved upon inheriting my dad's estate, hence the address change. I have no way to know if she... View More
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answered on Jul 18, 2024
Under California law, you have several options to address your concerns. First, you can request the court to compel the lawyer to provide the documents you've requested. This can be done by filing a petition in the probate court. Include in your petition a detailed account of your attempts to... View More
I made a verbal agreement to have this worker install new ducting supply unit and New HVAC equipment. He replaced the units, but did not replace the ducting. Can I get advice as to what I can do? I gave him a $7200 down payment.
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answered on Oct 17, 2023
Verbal agreements can be legally binding, though they can be more challenging to enforce than written contracts. If the HVAC worker did not fulfill the terms of your agreement, you may have grounds for a breach of contract claim. To bolster your position, gather any evidence of the agreement, such... View More
This is regarding a nieghbor who for the last year has had a leaky roof, the park finally told her they were not going to repair the roof (cost) and told her she could move to another home that was vacant but the cost would be $500 more per month. She agreeded because she feared the mold in the... View More
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answered on Oct 15, 2023
Under California law, landlords have a duty to maintain rental properties in a habitable condition, which includes providing a waterproofed roof in good condition. If the roof is leaky and causes mold, the landlord is generally responsible for repairing it to ensure the property remains habitable.... View More
With new owners. She was responsive however when I told her that new landlords took me to court with wrong amounts owed, and all the harassment, and getting mad if I didn’t pay more money etc
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answered on Oct 10, 2023
Employees of the Section 8 Housing Authority in California are responsible for administering the Housing Choice Voucher Program, which assists eligible low-income individuals and families in obtaining affordable housing. Their job duties typically include processing applications, determining... View More
My father was in Riverside Community Hospital for five weeks, he was always cognitive and still very much is. Every time he was asked where he wanted to go by his nurses, his doctor, social worker and his Hospice Liaison, he wanted to go home to his house to pass away. My father is in heart... View More
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answered on Oct 10, 2023
In California, if your father is mentally competent and can express his wishes, he has the right to determine where he wants to live and receive care. If his wife is making decisions contrary to his expressed wishes, you could consider seeking a conservatorship over your father to ensure his wishes... View More
I am her granddaughter and named her sole beneficiary in her will, there was no probate. After a year of delays and repeat requests for paperwork from the Rep Payee agency, they finally released the funds they said that remained in my grandmother's account, however the amount was far below the... View More
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answered on Oct 10, 2023
If a representative payee agency is failing to provide an accounting, particularly after multiple requests, it raises concerns. You should consider sending a formal written request for accounting via certified mail, ensuring you have evidence of your demand. If the agency continues to be... View More
We have torn apart the house looking for the original signed copy of the most recent amendment and anything prior, but we cannot find anything. They kept a lot of old documents and records, but the original will and trust can't be found anywhere. They have both passed and we are stumped as to... View More
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answered on Oct 10, 2023
In California, while it's preferable to have the original trust document, a copy can be used in many circumstances. If someone were to contest the trust, the absence of the original could lead to a presumption that the trustor intentionally destroyed it, thus revoking the trust. However, this... View More
all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur.
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answered on Oct 9, 2023
In California, a Power of Attorney (POA) authorizes someone to act on behalf of another in legal or financial matters. If your daughter has overstepped her authority as granted by the POA, there may be legal remedies available. If the POA is durable, it continues even if the grantor becomes... 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 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
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
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
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