Legal Question in Wills and Trusts in California
I currently live with an older man who has no children, one mentally handicapped brother who is living in a care facility and will be taken care of already for the rest of his life with, and a mother who has a conservator taking care of her finances. My co-habitant years back gave a friend of his two blank pieces of paper to do what she wanted with in case of an accident and/or if he died. His friend does feel threatened by me living in his home with him and has told him that she made a living will and trust of all his assets which include a house free and clear, leaving everything to her.After the passing of his mother my friend will inherit a large amount of money. Mom is 87 and not doing very well health wise. My question is without his consent can she legally get everything if he does pass? What can he do to make sure the will he is now going to make be the only one the courts will accept as his last wishes?
3 Answers from Attorneys
I do not know what is on the two "pieces of paper" your cohabitant gave to his friend. If they were deeds conveying the property to the friend, it is probably too late to do anything. If your cohabitant still has title to the property, he can have a new will prepared leaving everything to whoever he wants. This includes bank accounts, securities accounts and anything else that has title on it. He can put a named beneficiary on bank accounts and securities accounts. A new will invalidates prior wills. This must be specified in the new will.
It all depends on what was on the "two blank pieces of paper."
A qualified & experienced estate planning attorney should be retained to review the situation, provide recommendations & prepare the new estate planning documents.
It sounds like your cohabitant's friend may be a victim of elder abuse, but as Mr. Weinstein says, much depends on what was on those pieces of paper and what has actually been done since then. If your cohabitant would like to meet with me in my Oakland office for a review of this situation at no charge, please have him contact me.
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