Legal Question in Family Law in California
Who needs family members like that?
My father has suffered a massive stroke and is in the hospital in a comatose state. He is not my biological father, he married my mom when I was about 5, I am now in my 30's, he's my dad. Anyway, my uncle (his brother) is trying to sell his car, move my cousin into my father's house, etc. My father is still alive. I need to get some sort of court order or restraining order to keep him from selling anything that belongs to my father while he is still alive. I am hoping you can help me or point me i the right direction.
1 Answer from Attorneys
Re: Who needs
Does the brother have a power of attorney or similar authorization? Either way, you will need to seek a conservatorship over your father's estate. You will need to seek the appropriate orders in the Probate Court. You can ask to be appointed as Conservator. Your uncle will probably seek the same. You can also ask that the court appoint a county official as conservator. Even if you uncle is appointed, he will have to answer to the court on a regular basis. Does your father have a will? If not, you will not be considered an heir.
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
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