Legal Question in Elder Law in California

Grandparents obtained a reverse mortgage on their house when they had a revocable trust in May 2015, then changed their trust to irrevocable in November 2015. Grandparents appointed their daughter trustee and power of attorney. They Quit Claim Deeded the house to their daughter as well. The reverse mortgage and changing their trust was done under undue influence from their daughter. My grandparents saw only $5000 out of the $200,000+ from the reverse mortgage payout and ever since

she was appointed trustee she has been collecting rent from tenants that rent a house on my grandparents' property. She has not accounted for the money. My grandmother died April 2016 and since then the electric, water, and gas bills go unpaid for several months, to the point where my grandfather has received shut off notices. The trust states property is not to be leased or rented out and that the trustee shall not manage the property and that she will have to hire professional management to manage the property. She also included her 3 daughters as successor trustees. I saw her physically, verbally, and emotionally abuse my grandfather. I tried to intervene and help my grandfather but the daughter has isolated my grandfather and has turned him against me. My grandfather also suffers from dementia. He filed a restraining order and filed a lawsuit to get his property back but did not attend the court hearings because he was scared to go to court and face his daughter. She was able to weasle her way back in his life and has total control of him. Also, the trust documents are all in English and my grandfather can barely speak english let alone read it. What can I do to help my grandfather? He is being abused and brainwashed by his daughter and she needs to be stopped. My grandfather is afraid for his life.

Asked on 3/02/18, 4:52 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

It is admirable that you wish to help your grandfather. Unfortunately, there is probably very little that you can do without the assistance of a lawyer, who will review the facts and paperwork with you and map out a plan of action. The strategy is not something you want to discuss in a public forum, and is instead something you will want to keep confidential.

You will want an attorney that handles both trust and elder abuse matters. You can search the Internet, or contact the bar association for your county for a referral.

If appropriate, a conservator or guardian ad litem for your grandfather can bring an action against the daughter to ensure the estate is properly managed.

It may also be necessary to involve Adult Protective Services to ensure your grandfather is properly taken care of.

Best of luck to you.

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Answered on 3/03/18, 6:31 am

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