Legal Question in Wills and Trusts in California
gold digger
my dad has alzhiemers and did not tell me or my brother He was remarried mo. before his diagnosis to a women w/one adult child.He now has a independant consevator and he wants a devorice.They have been married for 4 yrs. She had all his seperate property transfered to her name and made a trust.she also has a will that she said they made leaving every thing to her and her daughter that she said my dad adopted. my dad says he didnt want to addoped her and that she stole his property he had how can we help him when family members went through all his personal papers and his wife has this will and won't produce the trust. I live out of state and its becoming more difficult for my dad to speak due to his condition.all the attorneys are requesting payment in excess of 500,000 and are going to appeal which means more fees He still has needs and I think those need to be met before anyone elses.She is also asking for support can she get this seeing how she obviously took advantage of him?
3 Answers from Attorneys
Re: gold digger
These questions cannot be answered completely and correctly without reviewing the court records and related documents.
Re: gold digger
Certainly the marriage, trust, and adoption can be attacked on the grounds of incapacity and undue influence. The fees requested sound exhorbitant, I am in Los Angeles periodically. Call me directly at (619) 222-3504.
Re: gold digger
Your father married and adopted four years ago. It will be hard to prove now that he did not love his new family then. I assume that the wife is appealing the decision to make a third party the conservator, is that correct? In that case, you can put in your own petition and, since this is the Los Angeles court, you will be sent to arbitration. At that point, bring out all your evidence against the family and the wife and stress that your father's needs are not being met in the manner appropriate to his station in life. I believe that if you do this aggressively, you will maintain the third party conservator BECAUSE the court is loathe to turn a conservatee over to any members of a family which is at war. If the estate is large you really need an attorney to come to court with you in the California Probate Court. Until this hearing which may follow the appeal, you should become the present conservator's best friend. He is in the best position to file an elder abuse claim although, as the son, you may also do this. In California we have an elder abuse statute which allows you to bring forth evidence of abuse. You did not specify the abuse, but you will have to do this in court and if you win, the abuser will be charged with double whatever she has stolen if that is the case.
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