Legal Question in Wills and Trusts in California
Grandmother how to proceed
Recently buried my mother who was my grandmother's beneficiary re property and financial accounts. My grandmother recently had a stroke and is now incoherent. Prior to this my name was to be put in the place of mothers did not happen but she made it verbally known to myself and two of her sisters. The above is one issue the other is my mother was technichally her niece who she raised from the time she was 3 weeks old but never legally adopted. What can I do in order to obtain financial access to her estate while she is still living to enable me to pay her bills, set-up care for her when she is able to come home and also be able to set-up living trust so my sister and I don't have to go through probate should she not come out of this?
2 Answers from Attorneys
Re: Grandmother how to proceed
You should petition a court to appoint a conservator to handle your grandmother's financial affairs. Also, check if your grandmother had a durable power of attorney for asset management which goes into effect upon her incapacity.
Re: Grandmother how to proceed
You will probably need to set up a conservatorship to manage her affairs. It is probably too late to establish a trust, since she must normally be coherent enough to sign the trust documents.
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