Legal Question in Wills and Trusts in California
My grandmother is elderly and infirmed beed ridden in her home with three full time caregivers. My uncle has exerted undue influence by many ways including having her home and phone under visual and audible surveillance. Each time I would go to visit her he, his wife, or one of his employees would immediately show up to monitor my visit. I have since ceased going because of this harassment. My uncle has also taken my grandmother to all of her attorney and doctor's appointments for the last three years since my grandfather passed away. They had four trusts in which my uncle is the executor of all of them and my grandmother has power of appointment. This is an extremely large estate with numerous properties, land, and life insurance.My uncle was having my grandfather sign properties over to him just days before his death even though he was demented. There is too much fraud and abuse to write up in this short document. I spoke with several attorneys and none would take this case for me on contingency because I am not a named beneficiary. I would appreciate any assistance. Sincerely, Vonnie Nunes
2 Answers from Attorneys
It is unclear from the facts whether you are a proper plaintiff for a lawsuit. If your grandparents were supposed to leave you something and now because of undue influence you are not receiving anything, then you may be damaged and may have a right to sue. An attorney would need to know much more. In the mean time, you should consider contacting Adult Protective Services if you believe that your grandmother is being taken advantage of.
Mr. Feldman is correct. Unless you have some provable right to the family assets, no court will let you take legal action. Your only option is to contact the Elder Abuse unit of your county DA or sherrif, or police dept.
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