Legal Question in Elder Law in California

Lawyer is dragging his feet

My friends father died and did not leave a will. My friend is an only child and thought that the property would be hers come to find out the caretaker somehow is on the deed since 4/02 and has had her family leaving there for over two years. Her father suffered from dementia that is documented in his medical files starting in 1998. I beleive this women took advantage his state in order to get his house. The caretaker mislead my friend into believing she had power of attorney over her father's affairs. Come to find out she had power of attorney over his medical affairs. When my friend discovered this person was on the deed she hired a lawyer on 10/03 and he has since done nothing accept cash the check for a retainer. what should be her next step in this matter.? She signed paperwork assinging him as her lawyer. This Caretaker also told my friend that she was expecting money from her once my friend took over the property and sold it but, me friend cannot sale property that doesn't belong to her. I feel that she was stalling so my friend would not find out she was already on the deed until it was to late.


Asked on 2/02/04, 2:23 pm

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Lawyer is dragging his feet

Find another lawyer, and discuss specifically what will be done before hiring him/her. Talk to a few who are familiar with probate litigation and or elder abuse.

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Answered on 2/02/04, 3:27 pm
Terry A. Nelson Nelson & Lawless

Re: Lawyer is dragging his feet

Get the existing lawyer to promptly file for probate and letters of administration, or get a new attorney to do so. There are time limits and rules that affect this situation. If you need to discuss getting a new attorney, feel free to contact me.

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Answered on 2/02/04, 4:27 pm
Michael Olden Law Offices of Michael A. Olden

Re: Lawyer is dragging his feet

Is this another case of the phantom friend or, why isn't your friend doing something. In actions detrimental and devastating but procrastination is even worse. This could be considered elder abuse minimally if you are correct. Find yourself a specialist in probate/litigation, now, yesterday, immediately, what are you waiting for!!!!! You need an attorney and not a written answer.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 2/02/04, 10:44 pm


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