Legal Question in Elder Law in California

We just found out that my husbands grandmother died and last we heard from his grandmother was he was power of attorney. Why is it then that my husbands long lost Aunt and Father are taking their elderly mother (who has a terminal illness--given 2 months) to a town 3 hours away to have a new will and trust written up. Is this okay? Let me add that over the last 5 years there has been courts & mediation to make sure that these 2 selfish people don't get exactly what they now have 100% of a trust and executor. For the last decade these people weren't around and dragged their own mother through hell...How is this right? And can anything be done?


Asked on 9/14/11, 11:17 am

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

Was there a conservatorship over the grandmother? Were there restraining orders prohibiting the aunt & uncle from making contact? Was the grandmother diagnosed with dementia? A power of attorney is easily revoked. It is difficult to have a will or trust thrown out for undue influence but it can be done. Did the grandmother have significant assets? You should meet with an attorney as soon as possible. I provide free consultations and would be happy to schedule one.

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Answered on 9/21/11, 3:19 pm


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