Legal Question in Wills and Trusts in California

aunts 2 nephews living with her since 5 yrs old and gained custody. They are now 47 and 46 respectively. They still live in the same home today. aunt now has dementia and is in a home. aunt has no will or trust. Do nephews have any say in handling her financial affairs concerning the house she owns? house is paid off but taxes are about 3 years past due.


Asked on 1/27/14, 6:08 pm

2 Answers from Attorneys

William Christian Rodi Pollock

This is why estate planning is so important. Ids there a power of attorney in existance? If not how was Aunt placed in a home? Who is paying her bills. What are the other relatives in the family tree? Whose name is on th edeed to the house. Is anyone on her checking accounts as an authorized signer? You need to meet with an estate planning attorney to determine what the relevant facts are and what you can do. There are far to many unsnswered issues in your question to provide a meaningful answer.

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Answered on 1/27/14, 6:18 pm
Victor Waid Law Office of Victor Waid

In agreement with Mr christian; in addition you should seek the advice of a probate lawyer experienced in the preparation of conservatorships and determine if a conservatorship should be obtained of the aunt's person and estate to obtain the necessary powers to resolve any financial/asset problems as they affect your aunt in the management of her person and estate now existing.

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Answered on 1/27/14, 7:57 pm


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