Legal Question in Wills and Trusts in California
Sibling contests another
In 1991, mother has living trust done because dementia was just begining.In 1995 loser brother takes mother who's dementia now is worse picks up a nonrevocalbe power of attorney form, takes mother before a notory,done deal. In 2001 she falls breaks pelvis and hip brother whos been living off her for 10 years doesn't call a doctor for two days. As her successor trustee I accept assignment put mother in nursing home. Find out brother took mothers available cash out of trust and put it into another bank. I hire an attorney and go for conservatorship over mother to get funds back from loser brother. Loser brother without an attorney contests me being conservator because of a felony conviction 20 years ago. Twenty years since,I've never been unemployed, I'm a homeowner and no scraps with law. Loser brother hasn't worked in 10 years and is currently being evicted from her home.First will I be allowed the conservatorship with the felony, it was 20 years ago? Second, the trust reads beneficary contests any provisons in trust is disinhertied. Does contesting my conservatorship apply since I had to get mothers money back? What consequences if any will there be for loser brother.
2 Answers from Attorneys
Re: Sibling contests another
If you have an attorney, it would be inappropriate for another attorney to give you advice, especially in something this complex. Your attorney knows all of the facts, and is the one you should address this question to.
Re: Sibling contests another
You indicated that you were represented by an attorney. Are you still represented. If not, I will be happy to advise you, upon the receipt of a substitution of attorney indicating you are not currently being represented.
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