Legal Question in Elder Law in California

please help my brother controling my mom

my mother help me financially about a year ago with quite a bit of money she took a loan from her home. and i was making the payments, my older brother found out and called social services on me, she asked me not to tell him about the loan, so i did not. he came in one day removed her from her house asked me to move as well. well they have put my mother in a home now and she has gone down hill bad with Alzheimers, my brother who was never there for my parents is trying to get me for elder abuse and has recently had her declared incompentent, he has no right doing this. he is putting the money from the home that is now being sold in his and my moms name nothing to do with me. I know i borrowed the money but now his is excuting me from it all. can he do this. and one big question is can we divide my mother assets now or do we have to wait. I dont trust him. what can i do to make sure i get my other share. he is doing everything to get it all in his name and hers she has a living trust and we both are the trustees. what are my rights she said we could have our money but he is overiding everything..help... my dad did a amendment to the trust to sell the house when he died 2 years ago and divide it between me and my brother.never did


Asked on 11/28/05, 7:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: please help my brother controling my mom

The mother needs to have a conservatorship, issued by the court. You need to participate in that to make sure she and you are both treated properly. Contact me if interested in consulting about what needs to be done.

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Answered on 12/07/05, 8:41 pm


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