Legal Question in Real Estate Law in California
Recently my husband inherited 2 pieces of prime real estate valued at 1.5 millions dollars, from his mother. He is an only child, but it seems his stepfather is controlling all the properties and telling my husband he is not intitled to it. My husband and I both saw the his mothers will and there wasn't anybody's name on it by my husbands. My husband is suffering from mental illness and is not protecting is interest believing the stepfather to be the executor of the estate. He is not thinking clearly at all and I worry. How can I become his power of attorney? Please tell me what to do to help my husband, I need all the advice I can get.
4 Answers from Attorneys
A power of attorney granted by someone suffering from mental illness to the extent that he is not really capable of managing his own affairs would be of questionable validity and could be subject to legal challenge by the stepfather. A more complex but preferable route might be to have yourself appointed as his conservator. It would be difficult and perhaps unethical for me to try to give you specific recommendations without an interview with both of you and review of the medical and other records here. I recommend seeing a local lawyer for an initial and presumably gratis initial interview, and you should look for someone with most or all of the following in his or her credentials: real estate; elder law; conservatorships; administration of trusts and estates; and probate practice.
Mr. Whipple has given you good advice. You cannot accept a power of attorney from someone who is mentally incompetent. You need to become their conservator. He is incorrect that an attorney would need to inteview both of you. In fact, there would be ethical issues with meeting with your husband unless he wants a conservator. I have extensive experience in real estate law, and experience with elder law and conservatorships as they relate to real property. I also have an associate who is well versed in trusts, estates and probate practice. If you would like to consult with me at no obligation to see if we can help you with this situation, please give me a call to arrange a meeting in our Wanut Creek offices.
It is not advice you need, it is legal counsel. Get it.
Dont think a quick answer on here can provide you with correct information. Attorneys ned to spend hours researching and thinking to come up with the best course of action for you.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
