Legal Question in Elder Law in California

Does stepfather still have life estate and what are my rights regarding propert

My stepfather was given life estate upon my mother's death in

1983, with my brother and I named as tenants in common of our

California home. He is now hospitalized with dementia and

physically incapacitated and will not be allowed to return home as

he can no longer care for himself. My brother passed away last

year and my stepfather has left everything to me in his will and

given me medial power of attorney, but not financial. Do I need to

set up a conservatorship for his financial affairs and do I have the

right to maintain, improve, alter or sell the property as long as he is

alive but unable to return home. There are no other living relatives

and no outstanding debts.


Asked on 9/23/04, 4:43 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Does stepfather still have life estate and what are my rights regarding pro

You may need to get the Conservatorship, but you need to sit down and discuss all the facts and options with an attorney before jumping into actions that could cause problems. Call me if interested in setting up such meeting.

Read more
Answered on 9/27/04, 2:20 pm
Scott Schomer Schomer Law Group

Re: Does stepfather still have life estate and what are my rights regarding pro

If your step father is no longer able to care for himself, has no one to manage his affairs, and did not give anyone a financial power of attorney, then you need to establish a conservatorship. If you are living out of state and do not want the responsibility, you can also nominate a private professional who can handle the duties. As for the life estate, I would need to see the document to give you an opinion. You should be careful since you are the ultimate beneficiary of the home, you technically have a conflict of interest; you may want to consider renting it to generate income for his care. See an attorney for more assistance.

Read more
Answered on 9/23/04, 5:19 pm


Related Questions & Answers

More Elder Law questions and answers in California