Legal Question in Wills and Trusts in California
Dad is in the hospital with terminal cancer. There are six children. There are 3 children each from 2 different marriages. The youngest is an adult, but lives in dad's home (his entire life). There is no POA, healthcare directive, last will and testament. Which of the children has control of the home and assets. Dad is in and out of awareness. The oldest (female) is demanding from the youngest all financial information, keys to the property to distribute to the other 5 (adult) children, as she thinks she is the one in charge of all things. There is going to be a meeting with 5 of the six children, one is out of State and physically can't be present, Saturday to discuss dad's future. What are the youngest rights of the child that lives in the home? What can be done to stop the eldest from said control? She's forcing the children to choose sides against each other. What are the laws in regards to the youngest staying in the home, the eldest demanding control of financial information, and assets in the home.
1 Answer from Attorneys
The questions you ask are too broad to be answered in this type of forum, and the specific answers are very fact intensive, which would require a review and analysis by an attorney. In general terms, it is possible for one of the children, or someone else, to be appointed by a court to be in charge of Dad's affairs now. If necessary, an emergency appointment could be made. After his death, one of the children, or someone else, will be appointed as administrator of his estate. How things will pass is in part dependent upon ownership and title of the home. This all assumes there is also no trust.
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