Legal Question in Wills and Trusts in California

Guaradian of Adult Dies what is next step
My mother recently passed, she was the guardian of my 74 year old aunt whom was deemed incompetent in 1960. Gurardianship papers have never been revised. My mother received SSI for my aunt, what is the next step. To make matters more complicated, my aunt is part owner of the house, her name is on the deed. Without a legal guardian for my aunt can the state step in and take all of my mothers assets? What can I do to protect my mothers assests?

Asked on 7/13/09, 10:59 am

3 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

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Re: Guaradian of Adult Dies what is next step

Sorry to hear of the passing of your mother, I hope you are ok.

As far as your question, I have a couple for you...did your mother have a trust or a will? Do you have any siblings?

You may be able to take ove as guardian for your aunt, if that is your desire. You will probably need to go through the Probate Court to effectuate this at this time as it sounds, from your quetion, that your aunt is no longer competent to name her own guardian.

If your mother did not have a will, then her next of kin (you and anyt siblings) would inheret her estate, but it will alos probably require a Probate as she is part owner of a home which leads me to believe her total gross estate was oer $100,000.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 7/13/09, 2:09 pm

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