Legal Question in Elder Law in California

conservators rights

A few years back my sister had my dad sign over property to her.At the time I believed him incapable to make this kind of decisions.At the time he had /has a will 5o/50 in which we both are executors of his will.This was witnessed by his neighbors.Right after my sister did this I obtained a conservatorship of my father.My sister now has ownership of the one property.He also has another property both are paid off.I want to put the other property in my name so she cant have half of remaing property on top of the one she took.My attorney says I cant because of the conservatorship.She says she wont try to take half of remaing prperty but I cant trust her now.We have not spoken since she took advantage of her father.She also has not spoken to her father in over 8 months?I believe she only cares about $

and is willing to do anything to achieve this.My attorney has been slow on this matter and I need something resolved before my father passes.Ive told my attorney Im willing to meet with her But still Waiting for response.I know my father is hurt by her actions but is unwilling to talk about it.My father is running out of money.Can I put the remaining propert in my name even thogh Im his conservator. Thanks Upset


Asked on 9/07/06, 12:29 am

2 Answers from Attorneys
Scott Grossman The Grossman Law Firm, A.P.C.

Re: conservators rights

It is very unlikely the probate court will approve this gift since you say your father is running out of money. Your better course of action is to request your sister voluntarily return the real estate conveyed to her shortly before your father was conserved. If she refuses then you can sue on behalf of the conservatorship estate to have it returned to your father's ownership. His real estate can be rented or sold to support him while he is alive. When he passes away the property left in his estate will pass under his will to both you and your sister in equal shares.

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Answered on 9/07/06, 1:54 pm
Terry A. Nelson Nelson & Lawless

Re: conservators rights

You have an attorney that has given you his opinions and advice. If you believe you really need to change attorneys, do so, but getting free anonymous advice on the web isn't going to help you make that decision intelligently. Consult with counsel so the decisions can be made with all the facts, not a one line summary. As a conservator, you have to have prior court approval for any major decisions and actions such as you propose, and the court is not likely to approve you self dealing with his property. There are other ways to protect his assets and straighten out the situation. Feel free to contact me if ready to seek other counsel.

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Answered on 9/07/06, 3:41 pm


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