Legal Question in Wills and Trusts in California

I'm sorry for your loss.

This is a difficult time for you considering the loss of your father and the burden of taking care of your mother.

If the house is in your parents names you probably won't be able to sell it without opening a probate which will be necessary to transfer title.

The question of whether to seek a conservatorship or simply a power of attorney is interesting because you have relative(s) who may second-guess and/or contest your actions at a later date.

The issue of accounting which needs to be approved by the court is something that can be somewhat time-consuming. However, given the relative(s) who might contest how you spent the money at a later date, you should make sure to keep explicit records anyway.

It sounds like you need to have a consultation to discuss things like title to the house, whether probate is needed, your mother's current mental condition, etc.

Let me know if you want to discuss this.

Caleb

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A power of attorney is no longer an option, because a person must be mentally competent at the time it is given, and must either remain mentally competent or it must be a durable power of attorney. A person with sufficently advanced alzheimers to be in a home is no longer qualified to give a POA. So you really don't have any choices. If your father's will was entirely in his own handwriting and witnessed, you can probate it, otherwise you will have to open an intestate probate. A probate must be opened to deal with your father's interest in any community property for your mother's sake, since his share of any assets and property cannot be used for her care until it is put in her name alone. This especially goes for the house. As for your mother, a conservatorship is the only option. You will not be scrutinzed over every penny, but when the court puts you in complete charge of someone elses money, you can understand that they will want a periodic accounting of what you are doing with her assets and any income, such as social security. If you keep reasonable records and fill out the forms properly, though, you won't have any trouble with the court. It's only if you don't keep reasonably accurate books and records of her money that you would run into any trouble.

Can't say for sure without seeing the paperwork, but it is possible you do not have to probate your dad's will if the house and all accounts are held in joint tenancy. I agree with the other two attorneys that you probably will have to get conservatorship in order to sell the house etc and otherwise manage her affairs, since she did not execute a Durable Power of Attorney while she had capacity, and that you should consult a qualified conservatorship lawyer.