+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    Daniel Griego is offline Junior Member
    Join Date
    Nov 2005
    Posts
    1

    Unhappy Dont know where to start

    What is the name of your state? California

    My uncle had a stroke and is now confined to a bed at a local convalescent home. Before this happen he created a living trust and appointed a non-family member at his deceased wife request. He did not have a chance to make any changes before his stroke.

    Now the appointed person sold his home to pay for his medical care and expenses and obligations. She has already removed over half of the funds the home was sold for and is buying cars and going on shopping sprees. The other half is being used to pay his bills.

    She has will not go to the home to see the nurse or to keep informed of his medical needs and concerns, she does not return thier phone calls. They call me for instructions and advise. If he passes tomorrow she will get the remaing funds and this amounts to a hefty amount of money. He has expressed to me his concerns and has asked for my help. She is not be a responsible person in his care and I would like to know how to go about changing this. Can I go to the court and request "emergency conservership" and override the living trust? What and where do I go from here?
  2. #2
    BelizeBreeze is offline Senior Member
    Join Date
    Jun 2004
    Location
    "Harvey and Me"
    Posts
    25,173
    Quote Originally Posted by Daniel Griego
    What is the name of your state? California

    My uncle had a stroke and is now confined to a bed at a local convalescent home. Before this happen he created a living trust and appointed a non-family member at his deceased wife request. He did not have a chance to make any changes before his stroke.

    Now the appointed person sold his home to pay for his medical care and expenses and obligations. She has already removed over half of the funds the home was sold for and is buying cars and going on shopping sprees. The other half is being used to pay his bills.

    She has will not go to the home to see the nurse or to keep informed of his medical needs and concerns, she does not return thier phone calls. They call me for instructions and advise. If he passes tomorrow she will get the remaing funds and this amounts to a hefty amount of money. He has expressed to me his concerns and has asked for my help. She is not be a responsible person in his care and I would like to know how to go about changing this. Can I go to the court and request "emergency conservership" and override the living trust? What and where do I go from here?
    The first thing you need to do is hire an Elder Abuse attorney to file for guardianship of your father. Then you need to have access to the trust documents. This is NOT something easy or a do-it-yourself project.

    IF, after studying the trust documents and the trail of monies, you and your attorney find some irregularities you have two options: petition to remove her as trustee or file criminal charges.
  3. #3
    AUGOLDMINER is offline Junior Member
    Join Date
    Sep 2005
    Posts
    8

    dont know where to start

    in calif start by calling adult protective services. thay have to and will investagate all abuse. i know i am taking care of my father and doing everthing right and becouse a sister doesnt like the way i am doing it i have to talk to the investagator about once a mounth and he tells them i am doing a good job. but in your case if the person is mishandaling funds in calif the state takes a dim view of that

Similar Threads

  1. I dont know where to start.
    By Wes42006 in forum Child Custody & Visitation
    Replies: 14
    Last Post: 09-06-2011, 08:30 AM
  2. h1b start date and actual start date dont match
    By a8592036 in forum Immigration
    Replies: 0
    Last Post: 02-16-2009, 05:08 PM
  3. need help dont know where to start.
    By harusame1 in forum Auto Accidents and Vehicle Claims
    Replies: 1
    Last Post: 06-25-2008, 07:00 AM
  4. Dont know where to start.
    By mike1974 in forum Divorce, Separation & Annulment
    Replies: 5
    Last Post: 06-05-2006, 06:13 PM
  5. Dont know where to start
    By LJD in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 7
    Last Post: 02-01-2002, 01:50 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.