unrelated beneficiary dispute with conservator

[rwindsor]

What is the name of your state?What is the name of your state? CA

I am the only family of my deceased mothers boyfriend of 20 years. We remain close and I am the beneficiary on his life insurance policies. A recent stroke left his capacity in question and the living trust is incomplete. A will is unknown at this point. I brought in a lawyer, who recommended a conservator because the estate is large. The conservator has been appointed temporarly by the state and is now questioning my relationship with him. I gave her the life insurance policies with my name and the keys to his house. The conservator has changed the locks and quit communicating with me. I do not approve of her decisions regarding his care and would like to be an active participant on his future care and residence. I am not interested in his money, what should I do?

 

[BelizeBreeze]

And of course you can come back here and tell us EXACTLY how you are related?

 

[rwindsor]

We are not related. I am his only friend in the world.

 

[Dandy Don]

What was the cause of the man's death?

You did not help you case by implying that you were related by calling yourself "his only family" when actually you are not. Do you know of any living relatives that this man might have? Would you be willing to hire a genealogist to try to track down any living relatives?

By being named this man's only beneficiary on his policies (how many were there?) there is going to be a suspicion (although I do not believe it is justified because after all, you were highly regarded by this man) that you used undue influence to get him to name you as beneficiary, when you may be completely innocent of that.

Get the insurance policies back if you can. If you know the name of the insurance companies, you need to contact them immediately--these don't go through probate (and conservator will have no involvement with this aspect), and the check will be automatically sent to you. Any other assets in the estate (house and anything else) will need to be probated so you need to decide whether you will hire your own attorney to get probate started or wait for conservator to do it, possibly leaving you with getting nothing from the estate since you are not a legal heir.

Conservator is automatically not going to like you, but it's not your fault. If anyone accuses you of anything, be prepared to stand your ground and defend yourself by explaining that this man had the right to leave his assets to anyone he wanted to and that he chose you.

DANDY DON IN OKALHOMA ([email protected])

 

[BelizeBreeze]

We are not related. I am his only friend in the world.

Unless you are specifically named as a beneficiary in the will you have no legal standing to any proceedings or knowledge of the probate.

The insurance policy does not pass through probate so if you are the only beneficiary of the policy, contact the administrator of the estate or the attorney and request a copy of the policy. If none is forthcoming, hire an attorney to demand a copy.

 

[BlondiePB]

BB and DD, I'm reading this thread as to mean that the man is still alive. The deceased is the OP's mother. The man was the deceased mother's boyfriend. The man is incapacitated and needs a guardian. The OP wants to be the man's guardian as the OP has known the man for 20 years because the man was his deceased mother's boyfriend. There is a temporary conservator for the man, but the OP wants to be appointed the man's conservator.

 

[rwindsor]

Blonde, you are basically correct. He is alive and incapicated. I do not want to be his guardian as I feel unqualified and willing to leave his assets to a "professional" to manage. I want a "voice" in his care. The conservator wants to put him in a dumpy nursing home and I am thinking of moving him out of CA. He may have a will in his home that lists his wishes, but the conservator is delaying the inventory on his home. Again, the conservator is not including me in any of his care. The State is telling me too bad, because he has money California will not let him leave and one conservator is as good as another and to go away. I feel so helpless and do not want to abandon him. How can the State not consider letting me relocate and care for him?

 

[BlondiePB]

Blonde, you are basically correct. He is alive and incapicated. I do not want to be his guardian as I feel unqualified and willing to leave his assets to a "professional" to manage. I want a "voice" in his care. The conservator wants to put him in a dumpy nursing home and I am thinking of moving him out of CA. He may have a will in his home that lists his wishes, but the conservator is delaying the inventory on his home. Again, the conservator is not including me in any of his care. The State is telling me too bad, because he has money California will not let him leave and one conservator is as good as another and to go away. I feel so helpless and do not want to abandon him. How can the State not consider letting me relocate and care for him?

Without some legal authorization, you will not have a say so in the care or in anything else. Why do you believe you are not qualified to be conservator of this man's estate and/or this man's person? The state will be looking for and notify any family that he has. Do you live in CA?