Legal Question in Wills and Trusts in California
my mom is on life support and doesn't have a will
My mom recently has been put on life support. She has several problems that state that she may not make it. She told my family and I that she had a will but it doesn't look like she does and if she does, we don't know how to find it. What I need to know is what kind of laws are out there to protect people in my moms position without a will. Her husband is a multiple abuser of her with a long history of abuse and jail time, her house was only in her name, she just got a car from my grandparents but didn't have it registered yet and he has full access to everything even though he knew that when she got sick they were not together. I need to know who makes the decisions for her funeral or to take her off of life support and how that will be determined without a will? I need to know how her property and things will be divided between my brother and i and her husband or how we can even find out what she had if we do not have access to anything of hers? Please help me find out what i may be responsible for or what laws state to protect her if she didn't protect herself. Thank you.
2 Answers from Attorneys
Re: my mom is on life support and doesn't have a will
I am very sorry for your situation.
There are no simple answers to your questions. In a nutshell, if your mother did not leave a will or power of attorney for health care, then the laws of California's will make those decisions for her.
Regarding health care: absent a health care directive nominating someone else, your mother's husband would be entitled to make those decision.
Regarding her will and how her property would be distributed upon her death: that answer depends on when the property was obtained and how title is held.
You may call me at 619 297-8330 and I will be happy to discuss this further.
Re: my mom is on life support and doesn't have a will
If married, her husband will be in charge of everything. Unfortunately, this is exactly the reason people make Wills and Trusts.
If she is still coherent, you may want to have someone prepare a Will and/or Trust ASAP and get it to her for her to sign.
Your zip code puts you in Fresno, which is a bit far for our office, but I am certain you can find local counsel who will visit her at the hospital, (it is what we do for our clients), to complete the necessary transfers.
Regards,
Scott Linden
www.No-Probate.com
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