Legal Question in Wills and Trusts in California

Sharing of Inheritance

My mother inherited a great deal of money from her brother when he died 3 yrs ago. Since she is a widow and both my sister and I live in a different state she gave her grandson power of attorney dealing with credit cards/bank accounts/investments. My sister recently moved in with our mother. Her son is the one with POA. They both purchased new cars and my mother tells me my sister is buying a new house. My sister has no money of her own and I believe the cars and house were bought with my mother's money. My mother is in her 80's and knows nothing about her money.Do I have any rights? My sister and her son do not want to tell me anything and are very evasive. Do I have any recourse?


Asked on 7/16/01, 8:18 pm

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Sharing of Inheritance

Try talking with your mother first. If you suspect that she is not mentally competent, or that your sister and/or her son have been taking advantage of her, you may want to consult an attorney regarding appointing a conservator for her and to see whether there has been financial elder abuse under California law.

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Answered on 7/17/01, 4:11 pm
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Sharing of Inheritance

One way to discover whether or not it is true is to higher a private investigator. If you have any evidence you can petition the court to have an independent conservator appointed to investigate and take control of your mother's funds. However, have you tried simply talking to your mother about it or even asking your sister?

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Answered on 7/17/01, 12:24 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Sharing of Inheritance

If you mother is not capable of managing her affiars, you may apply for a conservatorship. If your sibblings have mis-appropriated her funds, then you may force their return. I had a client who lost her home and all her savings in a similar situation. You need to act quickly before the entire estate is wasted. Please call me directly at (619) 222-3504.

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Answered on 7/17/01, 1:12 pm


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