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Aunt had stroke in CA- nephew in Ga

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H

Husband37

Guest
What is the name of your state? Georgia

Wow, spent 3 months researching malpractice for wife in freeadvice, had no idea there was discussion about this as well. All I had to do was scroll down and now this problem:

a. My sister and I are closest living relatives of widowed Aunt period. b). Aunt had stroke last week in California. c) Executor is not a relative but, has a close long busines/family affiliation with our Aunt and Uncle. d) He was appointed legally through a private estate law firm in California hired by both Aunt and Uncle while they were in good health. e) Home alone is worth $330,00 and estate could be large.. probably in excess of a million. We've never imposed ourselves in our Aunts personal affiairs untl the last year where we simply urged her to go to an assisted living community....too late). f) We're traveling to Ca tomorrow, Sis from Wash state and Executor is also from out of state. We have all agreed to meet and there are no disagreements..yet, however Sis and I have agreed to stick together and fulfill moral obligations first and along with that find a way to ensure that no shananigans take place. g) We don't know but feel that there is a probability that much of the estate after she passes will be left to educational institutions, possibility some or none could go to us. h) Again, our foremost concern is to ensure she lives her life out in comfort and peace and that her wishes are honored. j) Both my Sister and I have had a very good relationship with our Aunt since my father died 40 some years ago. I have many questions too numerous to list but here is the main one: Where do we start from here? Please somebody help us get this going starting from scratch. We have 3 days in California and need to use the time wisely. Our first stop will be our Aunt then I would appreciate some priotorized guidelines from there.

Thx in advance
 


I AM ALWAYS LIABLE

Senior Member
Husband37 said:
What is the name of your state? Georgia

Wow, spent 3 months researching malpractice for wife in freeadvice, had no idea there was discussion about this as well. All I had to do was scroll down and now this problem:

a. My sister and I are closest living relatives of widowed Aunt period. b). Aunt had stroke last week in California. c) Executor is not a relative but, has a close long busines/family affiliation with our Aunt and Uncle. d) He was appointed legally through a private estate law firm in California hired by both Aunt and Uncle while they were in good health. e) Home alone is worth $330,00 and estate could be large.. probably in excess of a million. We've never imposed ourselves in our Aunts personal affiairs untl the last year where we simply urged her to go to an assisted living community....too late). f) We're traveling to Ca tomorrow, Sis from Wash state and Executor is also from out of state. We have all agreed to meet and there are no disagreements..yet, however Sis and I have agreed to stick together and fulfill moral obligations first and along with that find a way to ensure that no shananigans take place. g) We don't know but feel that there is a probability that much of the estate after she passes will be left to educational institutions, possibility some or none could go to us. h) Again, our foremost concern is to ensure she lives her life out in comfort and peace and that her wishes are honored. j) Both my Sister and I have had a very good relationship with our Aunt since my father died 40 some years ago. I have many questions too numerous to list but here is the main one: Where do we start from here? Please somebody help us get this going starting from scratch. We have 3 days in California and need to use the time wisely. Our first stop will be our Aunt then I would appreciate some priotorized guidelines from there.

Thx in advance

My response:

I'm not quite sure what you're asking, or what it is you want, since your aunt is still alive.

Since she's still alive, I can't figure out why you've mentioned her Will. Are you wanting to take control of her Estate? Are you wanting a Conservatorship? Even though she's had a stroke, is your aunt mentally debilitated?

If it's just a matter of "ensur[ing] she lives her life out in comfort and peace and that her wishes are honored," then one of you is going to need to either live with her to take care of her, or speak with the Executor about her current and future care, and how her financials are currently being handled; e.g., who's paying her bills, and whether someone out there has a Power of Attorney, or whether someone out there has their name on her accounts.

I'm just guessing, really, what it is you're looking for, or what your intent is in this matter.

IAAL
 
H

Husband37

Guest
liable:

You've already answered some questions inadvertantly. My Sis and I are both in the middle of our working lives and can't move to CA.

We will meet with the Executor and need prioritorized questions to ask of him and then grade those responses, keeping in mind there is an outside chance that he could be doing this purely for self profit. I have a brief handbook I ordered for this purpose last year when we were trying to convince her to go into an assisted living facility. We weren't counting on a stroke but knew she was going down hill fast after her husband passed 2 years ago.

Appears, but we won't know until we get there that she will be in a nursing home from now until her death.

Specifically, how do we respectfully and or legally monitor the Executor from now until our aunt's death?

At what point should we contact an attorney if we feel things are not being properly handled?

Both of us being logical and literate but legally brain dead.... at what point do we need to start a process so that the Executor is aware that we want to be informed?

Is he required to do so since we are the only living blood, and closest blood relatives? No children ever, no brothers, sisters, no parents, no other first nieces or nephews living.

Guess we're looking for a short checklist to make this as seamless and civil as possible from this point forward.
 

I AM ALWAYS LIABLE

Senior Member
Husband37 said:
liable:

You've already answered some questions inadvertantly. My Sis and I are both in the middle of our working lives and can't move to CA.

We will meet with the Executor and need prioritorized questions to ask of him and then grade those responses, keeping in mind there is an outside chance that he could be doing this purely for self profit. I have a brief handbook I ordered for this purpose last year when we were trying to convince her to go into an assisted living facility. We weren't counting on a stroke but knew she was going down hill fast after her husband passed 2 years ago.

Appears, but we won't know until we get there that she will be in a nursing home from now until her death.

Specifically, how do we respectfully and or legally monitor the Executor from now until our aunt's death?

At what point should we contact an attorney if we feel things are not being properly handled?

Both of us being logical and literate but legally brain dead.... at what point do we need to start a process so that the Executor is aware that we want to be informed?

Is he required to do so since we are the only living blood, and closest blood relatives? No children ever, no brothers, sisters, no parents, no other first nieces or nephews living.

Guess we're looking for a short checklist to make this as seamless and civil as possible from this point forward.

My response:

At this point, the Executor owes no duty to either, or any, of you and the other family members. His job begins upon her death. Therefore, and unless there is a Power of Attorney in force, no one needs to make any contact with you until her death.

Since neither of you are willing to live with her, all I can suggest is that you immediately see a Probate Attorney upon your arrival to set up a Conservatorship. Doing so will allow you to sell off any or all of her property to pay for assisted living expenses.

IAAL
 
H

Husband37

Guest
I truly appreciate both quick responses. We haven't been able to contact our Aunt in a couple of weeks had to call the SF police to get any kind of info after they checked her home. Just after we visit her in the nursing home we will go directly to a an attorney. See I have actually became a lttle bit above brain dead by reading this forum for a couple hours. As I understand you he can't really be an Executor, however can be appointed to be. We will definitely do as you advise.

Anybody have recommendations on good hourly fee Attorneys experienced in this around the Bay area? We'll go with a permanent lawyer after receiving advice. We have to catch a plane tomorrow PM and am concerned I won't have good connectivity with an old slow laptop.

Realize liable you are not liable and many thanks again.
 

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