Legal Question in Elder Law in California
Elder Abuse
My father passed in April 1998. My parents created a family trust October 1992.
After my brother's death in
October 2005, my mother cannot
understand very much English.
She speaks fluent Chinese. My
sister made my 87 year old
mother sign her power of attorney without her knowledge
of this paperwork. My sister
also made her sign paperwork
to become joint tenant of her
part of the living trust. Is
this legal? Is there anything
I can do before my mother's money is all spent?
2 Answers from Attorneys
Re: Elder Abuse
Yes, you should hire an attorney as soon as possible.
The situation you describe may result in your father's wishes not being carried out, depending on the terms of the 1992 trust as you described. This may be an elder financial abuse case and/or a breach of trust case.
Re: Elder Abuse
If you can't get it straightened out informally, your mother will need to file suit for fraud and conversion. Contact if you need to do so, and if it is in Southern California.
Related Questions & Answers
-
Revocablle trust I have deleted a trustee and dated and initaled the it. Is this... Asked 7/21/06, 1:02 pm in United States California Elder Law
-
Undue Influence Several years ago I was deeded onto an elders home as a gift. I made... Asked 7/10/06, 10:39 am in United States California Elder Law
-
Recorded phone conversations used as evidence , implicate phoned at work to my... Asked 6/18/06, 1:45 pm in United States California Elder Law