Legal Question in Wills and Trusts in California
inheritance issue?
a friend of mine's mother owned several properties and then went insane and was put in an institution. There are two daughters in their 40's and the mother of the woman (grandmother) who lost her mental ability. The older daughter with her grandmother took over all the properties and shoved asside the youngest duaghter with no say in anything. It seems to me she ought to have an inheritance or some say in this matter.
2 Answers from Attorneys
Re: inheritance issue?
Was a conservatorship created over the Mother, if she is still alive? If so, and the older daughter was named conservator, then it is not unlikely that things were handled appropriately.
If the Mother is still alive, there is no inheritance. If she has passed away, and did not have a will or a trust, then the younger daughter certainly has a partial claim on the property. If there was a will or a trust, then it depends on what the terms of the documents say.
Re: inheritance issue?
You cannot protect your friend's interest. She has to be willing to do so herself. Tell her she should consult an attorney who can advise her and represent her interests with the grandmother and sister.
Based upon your recitation of the facts known to you, I assume that either the properties are in trust and either the sister, the mother or both are the trustees, or the mother gave a durable general power of attorney to them. But, one cannot know until one investigates the particulars.
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