Legal Question in Wills and Trusts in California
My father passed 3/17/11. My mother is an alert invalid, and we are taking turns caring for her. My sister said she wants to sell her own personal house, because she doesn't want a mortgage (my parents house is paid for, as is their truck), move in with mom, make all kinds of renovations/add ons and is planning on keeping the house for herself after my mother passes. The balance of mom's estate, if there is one, is to be split equally between my sister and I. I was supposed to stay at mom's tonight and told my sister I would talk to mom about her wishes. My sister successfully called my mom, unpset her on the phone saying who knows. Now this morning ot of the blue my mother is too upset to see me and they don't want me there. I didn't get to read the will, I haven't seen the "power of attorney" papers, and things like 2 boxes of gold coins have conveniently disappeared from my dad's safe. My mother's house and assets need to be preserved for HER future, not my sisters. Can my sister just go in and take everything like this? She is acting as if I do not exist & saying heaven knows what to my mother to alienate her from me. Also, doesn't the will need to go to probate? My sister said she "refuses" to do that.
2 Answers from Attorneys
If you suspect Elder Abuse, either financial or emotional, then one option is to call Adult Protective Services. They are supposed to interview your Mom out of the presence of others to determine if she is safe. Another option is to seek a conservatorship over your Mom. That would be costly and contentious; however such measures are sometimes necessary as that would give the conservator control over managing the assets. Your sister's plan to move in and renovate so that she takes over the house someday is cause for concern. Feel free to contact me and I would be happy to discuss this in greater detail with you.
Mr. Feldman left out the most important tool you have. You need to file a probate case immediately and petition to be the executor of your father's estate. You can then compel your sister to produce the will and account for anything in the house. That is a FAR quicker path than an elder abuse complaint or conservatorship (though one or both of those may be needed).
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