Legal Question in Wills and Trusts in California
My mother recently passed. She did not make a will or have a power of attorney. Before she passed, my brother and sisther stuck her in a nursing home, did not visit or call her, sold all her possessions and taken lots of money from her bank. She did not own a house she rented. She didnt get to have anything from her apartment from her wedding ring to a pair of underwear. They took and sold everything, and I received nothing. I was wondering if ther was anything I could do about that? My mother lived in California, and I'm in Illinois.
Also, my parents purchased a plot for 2 of her children. There are three of us left and the plots are for which every two die first. My brother said that he and my sisther has decided to sell the plots, but said it wont be happening till later. He said that because my names on the plot they would have to contact me before any sale goes though. Needless to say, I do not trust them and want to know what I should be doing to protect myself. I do not have any paper work regarding the plots. I did contact the funeral home and spoke to the director. I requested a copy of the contract and she said to email her a letter requesting it. When I sent the letter her email was not valid. I have called serveral times to speek with her again, but they say that she is not in and to leave a message in her mailbox. I have left several messages, and still no response. I do want to mentioned that due to how my siblings have treated my mother, I have no contact with them nor do I wish to.
Also, my mother appointed me beneficiary to her checking account. I called the bank and had that taken care of, but she also has a safe deposit box which she has told me about. She said that is was a secret and that none of my siblings knew about it. She said that there is some jewerly in there wich was given to her by her decessed brother. This past month the charge for the box was deducted from the moneys in her account. I do not have a key nor do I have a box number. I ask her bank if I can retrieve the possessions in the box if there are any and they said that there is no beneficiary for safe deposit box. So I'm wondering what I need to do to obtain those things.
Thank you,
J
1 Answer from Attorneys
1. Send a new e-mail detailing your attempts to contact the manager of the plot and her promise to send to you the contract. Ask how much those p[lots would now sell for and at the time of your mother's death [my condolences]. Have your siblings made an effort to sell the plots, how would one go about doing so, how is the market for re-purchase. Point out and ask her if she denies that you have partial title to the plots and that they can not be sold without your consent, how are the plots held[ tenants in common, joint tenancy, your mother have any legal ownership?]. State that at this point, until you notify her in a written letter to the contrary, you refuse to sell either of the plots and demand that she notify you immediately of any attempt made by your siblings to sell it. Demand that she send to you a copy of the contract and any other paperwork concerning the plots, and that she confirm in writing that she understands your approval is needed to sell the plots or any portion of them. Point out that you know she is busy but her not returning message is not acceptable and that if she does not fully respond within 5 business days you will have no choose but to go to her superior [ask for contact information] or the board that oversees the business. That if the property is sold they will be liable to you for damages.
2. It sounds as though you have a good case for elder abuse and need to contact attorneys who handle that type of matter.
3. Check what the bank needs in order to transfer the contents of the save deposit box.
4. You probably will need to open a probate to get the safe deposit box and to have a second shot at getting back the amounts taken by your siblings. You will need to co-ordinate that with the elder abuse and probate attorney as the suit would probably have to be brought by the probate attorney. You need to try to determine how much money is involved because the legal fees may be very high.
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