Legal Question in Real Estate Law in California

Checks for $ 10 K can't be cashed !!!!! HELP

Re: Cashinng check for damages.

Who do we sue (or is responsible) for paying for

1/2 of improvements or the mortgage or taxes if

the other owner is in a hospital (from

Alzheimer's)?

What if co-owner is unable to sign the Insurance

payment? The Insurance Co refused to take there

name off, even though the damage was to our

part of the property, and we paid the contractor ?

Mom can't take care of herself and was released

to me, but I have to do something that my take

many months, I don't want the State to take the

property, what should I do, Conservatorship?

Should I make sure that my moms name is on

there homeowners Insurance policy and how do I

do that? are they required to put the co-owners

name on the check? like I'm told by our insurance

co. Allstate can't take Iris's (co-owner's) name off

the check, Iris can' sign, (hospitalized with

Aliishimers) and has no Conservator.


Asked on 7/03/01, 3:05 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Checks for $ 10 K can't be cashed !!!!! HELP

Your question is a bit jumbled but I'll try to point you in the right direction.

Conservatorship seems to be the answer. You need to find out how it is handled in your county. In my county, the public defender handles conservatorship matters for people who can't afford a private attorney. If you can afford an attorney, you need to retain one or at least have an initial free consultation, and you should do it fairly soon before money problems begin to bite.

You could also check with Legal Aid in your county, or the administration at the Alzheimer's hospital should be able to point you in the right direction.

Furthermore, it seems to me the insurance company could be more helpful. This is not the first time they've faced such a situation, and while they probably can't re-write the payment to a single payee, someone (your agent?) should have been able to advise you how to proceed.

A power of attorney would allow you to handle the affairs of another including signing checks but it's probably too late without going through a conservatorship proceeding since the party in question seems to be incompetent.

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Answered on 7/03/01, 4:38 pm


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