Legal Question in Elder Law in California

Parent in assisted living. Brother has possession of all important documents and will not release back to parent nor provide me a copy. There is only a will for her-no trust no financial POA. She has medical POA with brother 1st and me 2nd. How do I obtain these documents for my mother. Concern would be his not filing the will in event of my death possibly eliminating my heirs from inheritance.

Asked on 4/26/17, 12:01 pm

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

Without a financial POA, how is your brother paying for Mom's care? Depending on the assets your Mom has, such as her home, there could be a big Medi-Cal lien on the Estate.

This can be avoided with proper planning, but your brother would need to be proactive and ideally include you in the process (for transparency, if nothing else).

If there are assets, such as a house, in your parent's name, they can only be transferred on the death of your parent in a couple of different ways: Is there a Transfer on Death Deed that was signed by your parent? Absent a Deed, the assets would need to go through Probate and the Court would require all heirs at law to be notified.

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Answered on 4/26/17, 1:24 pm

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