Legal Question in Wills and Trusts in California
My 95 yr. old uncle passed away May 21, 2013, while a resident at the California Vets Home in Yountville, CA, near Napa. After the fact, the CA Vets home legal department, representing the State of California, has filed a lawsuit against me and my uncle�s trust because they claim due to some unknown and well hidden surreptitious military laws, they own everything in my uncle�s name after he passed. I was not even allowed to pay for his funeral out of funds in his name.
While I was helping to get my uncle admitted into the Vets Home in 2009 and 2010 I absolutely was not given any indication in any way that the CA Vets home would confiscate my uncle's remaining funds if they were left in his name after he passed. There were papers I co-signed with my uncle which were claimed to be of no importance by the lady in the financial office helping with my uncle�s admission in April of 2010. The papers had big letters "this is not a bill" and I was told by her that as long as we paid all my uncle's bills that he accrued at the Vets Home as they were billed there would be no additional expense! I think I was swindled by her and the method used to obfuscate the fact that the CA Vets Home would take anything left in my uncle�s name by the generic mass of papers that had to be signed. I did question this particular lady about one paper that referred to �unreimbursed costs� and was told it meant something like what we would have had to pay had my uncle been residing in an outside commercial established assisted living home, but it did not affect my uncle. She said I would get periodic papers showing this information but they were not bills. And the papers that came periodically had printed across them, �this is not a bill.�
The CA Vets legal counsel is now saying that there are all these established military laws that gives the Vets Home the right to any funds left in the Vets name at passing.
My uncle had given those funds to me 5 years ago when he put my name on his accounts. After he passed and I paid the remaining expenses, I gave the rest of the funds to 4 small young nieces to assure them that they had a college fund started per my uncle's wishes. He had never even got a high school diploma and had had to work very hard all his life and he was proud to help with college funds for his nieces. But now since I gave my uncle�s money away and paid for his funeral and associated costs, the CA Vets Home is suing me personally to pay back the funds that were left in my uncle�s name when he passed. I am 71 yr. old and am being severely stressed by the actions of the CA Vets/State of California legal counsel. I had some mini-strokes earlier this year as a result of the stress and elder abuse being committed by them and have been left with numbness and pain in my right side.
I had a legal aide help me file the answer to the CA Vets first Summons and Complaint filed against me. He talked to the CA Vets counsel and they even told him that the CA Vets Home had recognized that their tactics left something to be questioned and they had since revamped their method of admitting folks and had adapted a more upfront and obvious explanation of what would be expected of Vets after they passed. They now make it very clear that the CA Vets Home and State of California will demand payments for �unreimbursed costs� if there is anything left in the passing Vets name. Now they are very clear about what �unreimbursed costs� amount to.
I was at my uncle�s side the last couple of days that it was apparent he was in the process of passing and I had no suspicion that the CA Vets Home people were going to be such monsters. While I was very troubled at losing one of the dearest men in my life, I could have easily transferred the remaining funds out of his name entirely, but there had been no indication from the CA Vets home in any way that they could commit such a deplorable act. They claim that due to budget shortages, the State of California is taking these more aggressive steps to balance their budget. They claim the funds will go to the Morale, Welfare, and Recreation Fund. I offered to make a donation to that fund of $2500, much greater than anything that my uncle received from them while a Vets Home resident. They scoffed at my offer.
The legal counsel for the Vets Home says they really don�t want to take this action and they prefer to settle, but they are asking far more than anything that was given to my uncle. Most of the Vets in the home pay nothing, but since my uncle had a good retirement I was paying most of it to the Vets Home which amounted to about $1700 per month.
The legal counsel for the Vets Home says they really don�t want to take this action and they prefer to settle, but they are asking far more than anything that was given to my uncle. Most of the Vets in the home pay nothing, but since my uncle had a good retirement I was paying most of it to the Vets Home which amounted to about $1700 per month.
1. CAN I SUE THEM FOR ELDER ABUSE AGAINST ME?
2. HOW CAN I GET THEM TO STOP THIS LAWSUIT?
3. HOW CAN I GET THEM TO ACCEPT THE $2500 OFFER I MADE THEM, WHICH IS MORE THAN MY 95 YR. OLD UNCLE RECEIVED FROM THEIR WELFARE, MORALE AND RECREATION FUND?
2 Answers from Attorneys
An attorney is going to have to review all of that in person before they could even advise you.
The Cal Veteran's home has a claim against assets owned by your uncle upon his death (including accounts jointly held with you, or in a trust) for the "uncompensated cost of care", which is the money spent on your father's care in excess of the monthly payments he made while there as a resident.
1. No, this is not elder abuse. As obnoxious that this is to you, Cal Vet is legally obligated by state law to assert this claim.
2. I do not know of any way you can get out of this, except to convince them that you don't have the money and can't pay them back, even if they get a judgment against you.
3. See 2. above.
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