Legal Question in Wills and Trusts in California
My father passed away 5 years ago and all of his finance and estates transferred to my mother. However, my mother is not able to speak or write in English. She only has a green card and yet to obtain her citizenship. She does not know or understand how to keep track of the money. I am the oldest of three children and I know that my mother is having other people dealing with our family's finances. Is there anyway that I can take over all of her accounts and keep track of the finance myself.
2 Answers from Attorneys
You would have to prove that your mother is mentally incompetent and be appointed her conservator. Based upon the little information you have provided, no judge would rule in your favor. On the surface, most people would think you just wanted control of the assets.
I disagree with Mr. Shers. Your mother does not have to be completely mentally incompetent. If you can show that she is allowing people to take advantage of her financially, even if she is perfectly mentally competent, you can ask the probate court to make you a conservator of her finances.
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