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California Elder Law Questions & Answers
1 Answer | Asked in Elder Law for California on
Q: How do I remove a conservator letting the telephone bill be unpaid resulting in it being turned off for 3 mos

2 of the 3 sisters are caretakers who have medical conservatorship but conservator has temporary financial conservatorship. Now the conservator wants to be made permanent.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 19, 2019

Probate Code 2650 allows the court to remove a non-performing conservator "continued failure to perform the duties"). Any friend of relative can petition the court for this.

Certainly if the conservator wants an "upgrade" to their status, anyone involved can appear at the court hearing...
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3 Answers | Asked in Real Estate Law, Probate, Elder Law and Estate Planning for California on
Q: Can my grandmas Fadituary buy my grandmas property

I have noticed my grandmas fadituary now bought my grandmas property. Is this legal? this woman has almost killed my grandma destroyed her life now this!

Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2019

more info needed.

consult with a real estate lawyer asap.

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1 Answer | Asked in Family Law, Elder Law, Health Care Law and Juvenile Law for California on
Q: I just went to a IEP for 13 old developmentally delayed told to find out on conservitership. Need help & answers.

Do I need to do conservitership, at what time and for what reason since we are her natural parents?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 18, 2019

You do not need a conservatorship until the child turns 18. The conservatorship then will allow you to still continue to make all of their decisions for them as you care for them. The process takes 3 or 4 months so start early. Many places can provide you with help at that time; here in San... Read more »

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Elder Law for California on
Q: We have evidence of elder financial abuse, self dealing, and perjury. What can we do?

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.

Steve A. Buchwalter
Steve A. Buchwalter 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.

1 Answer | Asked in Personal Injury, Civil Litigation and Elder Law for California on
Q: What qualifies as a “dependent adult” in California?

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... Read more »

Dale S. Gribow
Dale S. Gribow 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...
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2 Answers | Asked in Elder Law for California on
Q: I have been left my grandfathers home in his will. I asked the city if I can file the document to be on record in person

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... Read more »

Sally Bergman
Sally Bergman 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 don't see how the... Read more »

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2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: My sister is my mothers conservator and the successor trustee she refuses to provide any type of accounting.

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

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1 Answer | Asked in Elder Law for California on
Q: My mom is running out of money.She wants to stay at home.

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... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney 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,...
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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
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
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
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
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
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
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
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
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
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
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
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
Dale S. Gribow answered on May 13, 2019

more info needed.

You need to contact a probate lawyer asap for guidance.

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