Legal Question in Elder Law in California
My grandfather died a while back,and he didnt leave leave a will. After he passed, a family member thought this was a good time to get their hands on his money by using my grandmother. we saw what was happening, and my got a lawyer to represent her (not my grandmother). Instead of the lawyer helping my grandmother make a trust, the lawyer made my mother a conservator. At this point, the conservatorship is not conserving anything. All the lawyer fees are draining her account fast. The court now says she has to go to a nursing home, and her home must be sold. She does not want this at all. We want to know if theres any way we can get this reversed because we feel like we have been tricked and are being taken advantage of. the family is being split and the money is going to this lawyer. Also, for the past 3 years, if been getting property ads sent to my house addressed to the lawyers first and middle name, with my families last name. Is this normal? Like I said, my gut is telling me that these lawyers have foul intentions for my grandmothers property. All we wanted to do was stop a family member from gaining access to her money...this conservatorship is not what we need or wanted.... PLEASE HELP!!!!
1 Answer from Attorneys
In the situation you describe, a conservatorship, not a trust, was almost certainly the appropriate way to deal with the situation. Once a conservatorship is in place, however, there is no reason for there to be significant attorneys fees, and certainly not without the conservator's consent. There is no reason that anything should be happening that your mother as conservator does not agree with. If your mother would like to make an appointment for a no obligation consultation to go over the situation and see if there is anything she can and should be doing to deal with this lawyer, I would be happy to meet with her in my Oakland office. You can call or email me to arrange an appointment.
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