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California Elder Law Questions & Answers
1 Answer | Asked in Banking, Estate Planning, Real Estate Law and Elder Law for California on
Q: What happens, and what documents will a mortgage loan servicer require when death of a spouse/co-borrower is reported?

Mother died recently. No probate. Father & mother (married) both co-borrowers (father was primary) on principal residence they owned as trustees.

Home is in revocable living trust. Mother & father are the grantors, father is successor trustee. I am sole beneficiary. No one else is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

So this goes with the other question posted in probate. Apparently this check comes from an escrow on a refi and is a one time deal. Your other post said there was a joint account. Deposit the check there. The old lender is no longer involved once paid off and does not need any additional... Read more »

1 Answer | Asked in Estate Planning, Banking, Elder Law and Probate for California on
Q: Is it possible for a widower to cash a check made out to him and his deceased wife?

My elderly father is receiving a check, titled to him and my deceased mother/his wife. It is titled using AND, not OR, meaning both signatures are required.

They are the grantors of their living revocable trust, and were the only two trustees. Father became successor trustee. I am sole... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

What is not clear from your post is who is the maker on the check? You provide so much extraneous information that is sounds like the check is coming from the trust that your father is the trustee on. But that makes no sense. IMO you should go to the maker of the check and request that the check... Read more »

1 Answer | Asked in Estate Planning, Banking and Elder Law for California on
Q: Can a check made out to the sole trustee of a revocable living trust be cashed without a trust account?

Elderly father received check after home refi. It’s made out to him as: “Name, as trustee of the abc trust”. It cannot be reissued.

Trust is a revocable living trust. Mother and father were the grantors and only 2 trustees. Mother passed away, father is sole trustee now (successor). I... Read more »

James Edward Berge
James Edward Berge answered on Oct 27, 2020

It’s a common situation, but every bank and credit union and other financial institution has its own rules. My experience as an estate planning specialist with over 25 years in the field is to simply have your dad endorse the check on the reverse side as follows: “For deposit only”, and then... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Real Estate Law and Tax Law for California on
Q: CA Prop 19: After parent-child transfer, if child uses home as principal res. for years, is it reassessed if he leaves?

I have a question about CA Prop 19 that I haven’t seen addressed anywhere yet, and was hoping someone from this Q&A forum might have an answer.

Prop 19 for the most part repeals Prop 58, which allowed parents to transfer a house to their children, without the house being reassessed... Read more »

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

Congratulation, you sound like a tax pro and seek speculation on I believe a proposed new law. That may be tough one. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum. This is for information purposes,...
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3 Answers | Asked in Criminal Law, Estate Planning, Elder Law and Probate for California on
Q: What are the steps on revoking a durable power of attorney from a spouse. The partner is no longer able to speak.

I'm the son of the partner who is unable to speak. Her spouse is not making choices in her best interests and our family believes he is using his power for his benefit. We believe he is using her money, credit cards, and has mentioned he is using our elderly grandmothers (now deceased) bank... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 24, 2020

If the power of attorney is NOT durable then it was automatically revoked when your mother became incapacitated. If it is durable and your mother is no longer able to revoke it, then you would have to go to court to get a guardian and conservator appointee. The conservator would then be able to... Read more »

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1 Answer | Asked in Elder Law for California on
Q: Is it wrong for my father in law to be in an assisted living home?

I have a durable poa for my father in law and his grandson has medical poa. He put my father in law in an assisted living home and is paying by writing check from his social security checks every month. I did not know or approve of this procedure ans from what i understand i am supposed to agree... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 14, 2020

If you are not pleased with the situation, you need to file for a conservatorship, either of the person or property of your F-I-L. It isn't an easy procedure, you will need a Guardianship/Conservatorship/estate attorney. This will give the Court jurisdiction over the way father's social... Read more »

3 Answers | Asked in Elder Law and Estate Planning for California on
Q: My 89 year old father (widower) in Arizona wants to set up a living trust for his mobile home and car.

My father still has a small mortgage on the home. He already has a Will and Durable POA. He is interested in creating a mechanism such as a living trust by which his home and minivan can be transferred to me as his sole heir without the necessity of the property going through probate. His Will... Read more »

Jonathan Purcell
Jonathan Purcell answered on Sep 25, 2020

I'm not familiar with Arizona laws. A quick internet search reveals that Arizona has a form for beneficiary designation of automobiles. Please refer to the link below.

https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf

Jonathan Purcell is a California Attorney. This...
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2 Answers | Asked in Employment Law, Elder Law and Nursing Home Abuse for California on
Q: Can I get fired/sued for alleged "conflict of interest" and/or "elderly abuse" for leasing resident's vacant home?

I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 19, 2020

Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... Read more »

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1 Answer | Asked in Elder Law for California on
Q: No POA but my name is on my moms lease. She no longer has capacity, but mgmt changed locks & my moms keys don't work.

In Northern Calif. My name is on her lease for emergency, next of kin, and also it grants me access to her apt if & when needed. She gave me her keys. She has taken a turn for the worse. I need to clear out her apt, but mgmt won't let me in unless they get paperwork showing my mom... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 4, 2020

Best wishes to your mom. Start with getting a letter from her M.D. stating that she has suffered a stroke, is suffering from COVID and cannot make decisions for herself. They probably want to cover their asses rather than cause you grief. I assume that you do not have a Health Care POA. You... Read more »

1 Answer | Asked in Elder Law for California on
Q: Is there legal recourse to see, visit, and speak with an aging parent (87yr) who is being isolated by one family member?

My sister removed mother from senior living without notification, blocked my number, won’t let my mother see me, speak to me. I believe she is isolating her and then leaving her alone just to cash her social security. She claims COVID-19, but this started before and my mother has been seen in... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 21, 2020

First, this is not really Family Law, it is Conservatorship/ Elder abuse law, and you need to repost so those attorneys get an email showing this question. IMO you need to file for a Conservatorship of your mom. You can search for an attorney that deals in Conservatorship/Guardianship on this... Read more »

3 Answers | Asked in Criminal Law and Elder Law for California on
Q: Hello I'm needing a lawyer for my wife she is accused of commenting elder abuse which was false she has court on 08/14
Steven Lance Bynum
Steven Lance Bynum answered on Aug 8, 2020

In which California County are you located? I assume this is a criminal elder abuse matter? Please provide more information

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2 Answers | Asked in Wrongful Death and Elder Law for California on
Q: Can I bring a lawsuit against family member I feel adided in my fathers death instead of helping
Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "criminal law" issue unless your family member was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his... Read more »

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1 Answer | Asked in Elder Law and Wrongful Death for California on
Q: Would i be able to bring a suit against my step sister who not hiring the proper care for my dying father .

Father had a catheter due to peeing blood

Some kidney problems, she was the only one caregiver contacted ever !

My sister borrowed 6 thousand from my father at that time his care had to reduced from 3 to 2 days . I was unaware of so much I feel she deliberately alienated him... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "health care" issue unless your SS was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his heir, you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Estate Planning, Civil Rights, Elder Law and Legal Malpractice for California on
Q: Is it legal for a public defender to blatantly make the case for the other side?

We contested the personal and financial conservatorship of my mother. During the hearing, our court appointed public defender who spoke to my mother once, without me, totally made the case for the other side. Her speech definitely convinced the judge to grant conservatorship. She did not represent... Read more »

James Edward Berge
James Edward Berge answered on Jun 25, 2020

Your experience is not unusual. It’s not the job of the public defender to contest the conservatorship in all instances, especially if it’s clear to the PD that the need for a conservatorship exists based on personal observation, a review of a doctor’s capacity declaration, interviews with... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Federal Crimes for California on
Q: does the police or sheriff dept have the right to allow volunteers to investigate without a court order in my home

in riverside they are claiming listening devices and spiritual eyes from a certain church that they can see in my home and they have probable cause to watch,as well they are monitoring my bank and finances and they left drugs in my home i reported this to police by giving them the bag of meth...i... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 10, 2020

More information is needed in order to respond to your inquiry. Any lawyer would need the full context of what you are talking about. The few details you have provided are insufficient to permit me to offer any kind of reasonable advice. Prepare a full chronology of the events starting at the... Read more »

2 Answers | Asked in Elder Law and Estate Planning for California on
Q: Can county put mother in a home and take estate through court conservatorship based on an undocumented diagnosis?

County is trying to put my mother in a home and take our family estate by court order conservatorship. Temporary conservatorship granted. Hearing for permanent is on June 24th. I am at loss as to what to do. They have provided no understandable explanation as to details, although I have requested... Read more »

James Edward Berge
James Edward Berge answered on Jun 8, 2020

They can’t take the property away from you if that’s what you’re wondering. Mom has a partial ownership interest in the property and so do you. The court can’t take away your interest in your home without affording you due process of law (notice and a hearing). A conservator could... Read more »

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1 Answer | Asked in Civil Rights, Elder Law, Health Care Law and Medical Malpractice for California on
Q: Does a doctor need an adult-patients consent to give them an anti-depressant?

Hello,

I am 64yo was in a hospital being treated for intestinal issues for a few days by an Internal Medicine MD I do not know and barely spoke with and today the nurse came in my room to give me medications which included four new capsules. I found out they were anti-depressants and they... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 18, 2020

You are not required to take any medications you have not first discussed with a physician. Also, if the antidepressants were not prescribed by a treating psychiatrist, I would seriously question why they were prescribed and for what symptoms, and what diagnosis justifies the prescription.... Read more »

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