Legal Question in Elder Law in California

Re: elder law

I have practiced law for 30 years and I do not know what they p.o.d. Account is. What you're asking a simple but it complicated answer. What I would suggest is that you see an attorney face-to-face and have him/her ask you very pertinent questions is the source of the assets. You not told us how long they were married in what she went into the marriage with and whether the house was her property before or his property before and numbers and numbers of other questions. Without those facts no one can give you a direct clear reliable answer. I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: elder law

I recently handled a case very similar to this. A wife has a fiduciary duty relative to handling marital assets and such a transfer could be deemed to be a violation of her duty. If you have a present conservatorship, you would want to file a probate code sec. 850 petition to recover the property. On the other hand, this strategy might fall into the category of 'Medi-Cal' planning, but since there was no estate plan, this is unlikely. If you want to do something, see an attorney as soon as possible.