Legal Question in Wills and Trusts in California

Re: nurse gets it all

yes, you may be able to challenge all of the actions taken by the nurse. you need to retain a probate litigation attorney in the county in which your uncle died and file a petition in superior court immediately. once property has been sold and the nurse is out of the united states, it will be much more difficult to unravel this situation and retrieve assets.

Re: nurse gets it all

You should get an attorney where your uncle lived ASAP.

There are severe restrictions on caretakers and those holding powers of attorney acting in their own interests.

Caleb

Re: nurse gets it all

If the facts are as you describe it, absolutely you can challenge it. The California Probate Code severely limits the ability of caretakers of the deceased, such as your Uncle's nurse, from taking from the estate. You need to challenge the will and trust. Further, 3 weeks is unheard of for someone to close out a trust, and impossible for millions of dollars to go through probate. If nothing else, that in itself sounds extremely fishy.

Frankly, you need a probate attorney to get on this immediately. They should be in whatever county your Uncle passed. If everything is as you described, they will most likely need to get a preliminary injunction freezing your Uncle's assets and stopping the nurse from running to the Phillipines with the proceeds.

Re: nurse gets it all

What you describe is something the legislature has tried to prevent. Thus, there are steps that the caregiver must undertake before they can inherit anything. If these steps are not taken, then it will be very difficult for the caregiver/nurse to inherit any of the estate.

You need to retain counsel ASAP in the county or nearby county where your uncle resided. If I can be of further assistance, please let me know.

Sincerely,

Kai H. Wessels, Esq.

(1-877-Wessels)

Re: nurse gets it all

It is illegal for a caretaker to be heir of estate. Contact me directly.

Re: nurse gets it all

Sure. But, litigation costs money. The heirs should ban together and hire a lawyer to protect what remains of the estate while challenging the validity of the new trust and will.