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Elder Law

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rparedez

Junior Member
What is the name of your state? CALIFORNIA
I WOULD LIKE TO KNOW WHAT THE LAW IS WHEN A HUSBAND & WIFE SELL THEIR HOME ( THEY WERE MARRIED 32 YEARS) MOVE INTO A RETIREMENT LIVING FACILITY. MY FATHER HAS HAD SEVERE DEMENTIA SINCE 2001. HIS WIFE TOOK ALL THE MONEY FROM THE SALE OF THE HOUSE AND PUT IT INTO A P.O.D. ACCOUNT IN HER NAME ONLY AND NAMING HER SONS AS BENEFICIARIES WHEN SHE DIES. SHE DIED SIX MONTHS AFTER THIS ACCOUNT WAS SET UP. HER HUSBAND IS STILL ALIVE. IT'S IS MY UNDERSTANDING THAT EVERYTHING THEY HAD DURING THEIR MARRIAGE SHOULD HAVE GONE TO MY FATHER , HER HUSBAND, BUT THE STEPSONS HAVE EVERYTHING AS OF NOW. AM I CORRECT IN ASSUMING THAT MY FATHER IS ENTITLED TO THE MONEY FROM THE SALE OF THIS PROPERTY? MY SISTER & I HAVE CONSERVATORSHIP OVER MY FATHER WE CANNOT FIND OUT ANY INFORMATION ABOUT HIS BANK ACCOUNTS AND RIGHT NOW HE IS WITHOUT FUNDS. THE STEPSONS HAVE TOTAL CONTROL OF EVERYTHING AND WILL NOT COOPERATE WITH US. CAN YOU PLEASE TELL US WHAT RIGHTS MY FATHER HAS IN THIS SITUATION. THERE WAS NO WILL AND NO TRUST IN THIS CASE.
 


S

seniorjudge

Guest
This is an incredibly complex mess.

Have you talked to the lawyer who helped you set up the conservatorship?

In any event, this should be handled by a competent elder law/probate attorney.
 

BlondiePB

Senior Member
rparedez,
First, please turn off the caps. It's too hard to read and is SHOUTING.

Was the conservatorship of your father established prior or after his wife sold the home?

Is this conservatorship over both person and property?

What is the difficulty with getting info from the bank?
 

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