Legal Question in Wills and Trusts in California
power of attorney & competency
my mother 82 yrs with alztimers, my sister, moved her to a rest home, my sister suddenly has power of attorney she will answere no questions as to the state of my mothers finacial position. moms house sits empty it could be rented for at least $2k a month to off set $5k a month that is paid to the convelesent home.moms estate planning the section on dur. pwr. attry. we are both appointed. equally now she says that if she wants to she can put the house on the market with out giving me first option. which i always hve been told i had, since she already borrowed from my parents for her houses. my mother is not competent and i think my sister is up to some thing. is there any recoarse i can take to be able to reveiw my mothers finacial statice or to make sure that money being spent from the trust is not squandered and also the money from my fathers estate also in trust he is deceased '94.
2 Answers from Attorneys
Re: power of attorney & competency
The easy answer is why are you sitting at a computer screen and not in fraud of an attorney who has an expertise in probate/estate planning/elder law. Your sister cannot do what she is doing but she is doing it because you are letting her. You must be proactive applicable to your own rights but more importantly, most importantly to the rights of your mother under the situation. Hire an attorney who has experience in this area. Tell him/her all of the facts and yet the best possible advice. I cannot think of anyone that I know who would advise you to sit around and do nothing. Be prepared do the next Thanksgiving you'll be sitting down to dinner with your sister.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
Re: power of attorney & competency
Initially, does your mother have a trust, a will, or neither? You likely do have legal recourse, but without knowing a few further facts, it is difficult to answer your question specifically. Just based upon what you have written, I might recommend a letter from an attorney to your sister requesting a copy of your mother's estate planning documents. Should that not work, you could pursue other legal remedies.
Related Questions & Answers
-
Reverse Mortgage How does a reverse mortgage work? Asked 5/03/04, 5:47 pm in United States California Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
