Legal Question in Wills and Trusts in California

Your husband should not ignore his sister's demands. The more transparency, the less likely she is to take legal action. It does sound like he may have a conflict of interest if he is using his father's money to pay his wife. But perhaps he can persuade his sister that their father is being well cared for (and perhaps more economically than other options.)

The real issue here is not whether your husband has legal recourse against his sister but whether she will have it against him. As a fiduciary for his father, he has an obligation to account for his actions and that duty will eventually run to the beneficiaries of his father's estate. As Ms. Cusack did, I suggest having as much transparency as possible. If you don't, his sister could easily get a Court to force him to disclose basic information. The best thing to do is provide the sister with the information about what care is being provided for and what it is costing, including what he is paying you. (That is, I am sure, the real bone of contention here.) If your husband and his sister can't agree on who should care for their father, that may eventually have to be decided by a Court in a conservatorship proceeding. The Court will look at a number of factors with the primary focus on being what is best for your father. Withholding details about his care and/or finances could be used against your husband in any such proceeding.

Good luck.

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