Legal Question in Elder Law in California

my mother needs to be put in a home but my brother has put everything in his nam

I need help my father in law passed away about 1 1/2 years ago my mother-in-law is been diagonised with alzheimers disease . well my brother in law has put his name on everything the parents owned we have a will but he does not follow there wishes. my husband realizes his mother needs care she is getting bad, but his brother will not getr her the care she needs. he dose't want to use the money. this is a very sad situation but we don't know how to fight him to get her the help she needs. when his father died he wanted the home sold but my brother wont. im not sure what a can do but please my mother in law needs help bad...


Asked on 11/05/04, 2:32 pm

2 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: my mother needs to be put in a home but my brother has put everything in his

It sounds like you are describing a classic case of undue influence and possibly elder abuse. The best way to stop this behavior is to place your mother-in-law under a conservatorship. Such an action will make anyone who handles her personal care and finances subject to court supervision. The person in charge (called the conservator) would also have the power to ask the court to restore asset transfers or estate planning documents improperly done before the conservatorship. See an attorney who specializes in this stuff as soon as possible. In my experience, this type of behavior always gets worse if it is not stopped.

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Answered on 11/05/04, 3:13 pm
Terry A. Nelson Nelson & Lawless

Re: my mother needs to be put in a home but my brother has put everything in his

The only answer is to either reach an agreement among the family, or file for Conseratorship in court, which will use some of the estate money for fees and costs. If care of the mother is important and being neglected, and her assets being taken for improper uses, then the cost of Conservatorship is secondary and may be less than the misuse of assets. Contact me if interested in filing.

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Answered on 11/05/04, 3:53 pm


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