Legal Question in Wills and Trusts in California

No communication with my brother as he didn't like having to take care of his parents since I moved out of state. He brainwashed my mom as she has dementia to not communicate with me and I was texted about her death! My dad lives in my brothers house with a caretaker 90 yrs old and can't handly see, my brother rents my parents home so I am assuming since my parents live there it's their house and I can do anything in the house my father wants me to do. I flew there from out of state and since my brother hates me and has no communication with his 20 yr old son, I moved our pictures closer to my dad. So he could see them he sleeps in the bedroom and can't see the picture my brother lives down the street with his new wife. I received a hate email that I rearranged his house and don't do that again as I was a guest. I need a good lawyer in San Diego! I did have one but said trying to get any rights would be hard since I live out of state? My father loves me and wants me in his life!


Asked on 7/05/14, 5:31 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The attorney is correct. you could file for conservatorship over the dad, but would have to convince the court it is necessary for his personal or financial safety to remove the brother from supervision, and also that you could provide the required supervision yourself in CA or have someone qualified to do so. All this over the possible objection by the dad and the brother. You would spend a lot of money on attorney fees and costs, with multiple court appearances for you to attend here, with no guarantees of success. If you can demonstrate he needs a conservator, and you're ready, willing and able to spend the time and money involved, please contact me to discuss.

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Answered on 7/08/14, 5:10 pm


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