Legal Question in Wills and Trusts in California
Fathers Trust &Estate
My mom and I currently live in the home of my grandpa.My mom and I moved in 2 provideGran/care in exchange for room &board.Upon her death we all agreed to continue living there.2005 gramps hspital&rehab stay for a broken hip&wrist.Beginning Jan.this year,he was supposed to return home w/us&our animals,who loves him very much.We were able to bring him home Thanksgiving Day &return with him early eavning.We had a wonderful time &wewere excited 4return w/usTheweek he was to return,we contacted rehab to discuss all final details.Upon contact,his personal therapist informed us that the ''dual powers of attorney'' had decided to relocate him to North Carolina.The DPA's are my aunt&uncle.Grampa agreed to the move,but there are details which we believe persuaded his decision.The DPA's have now decided to sell home in order to pay for his assisted living.It is currently in a revokable trust for the benifit of my mom upon his death,if still owned.DPA's say they'll provide monthy amount $900rent,$11,000max.non-taxable gifted amounther share of house,splitbetwen 4kids.We now must vacate by Feb.26,home fin.escrowMarch1st,&we still havent received any written notice,they informed us Jan 11, 06Isthis all lega0?Can they really do this?Pleasehelpus!
1 Answer from Attorneys
Re: Fathers Trust &Estate
Maybe the DPA's can do that to you and your mother, and maybe they cannot. It all sepends on at least 5 or 6 factors:
1. You need to be sure that you act quickly, and not delay. Delay on your part wil give the DPA's and their plan a decided advantage.
2. You need right away to get in touch with an attorney and have her/him help you by advising you and making requests of and contacts with the DPA's (and the DPAs' attorney if they have an attorney).
3. You need to have the attorney study very carefully the entire Trust Document that gives the DPA's their authority and control. That docujment is one of the main ingredients. If you do not have an up-to-date copy, your attorney can get a copy from the DPAs.
4. You need to have the attorney go over all of the paper work and letters and so forth that the DPAs have provided you in the past 6 months or so.
5.Another important thing is how mentally lucid and compentent is your grandpa right now AND where and with whom does he truly want to live.
6. Very important, too, is whether his medical condition is such that he can safely go on living with you and your mother rather than in a rest home.
I`suggest that if you just let things stand, the DPA's will prevail against you and your mother very soon. It is also pretty certain that you need a lawyer to represent your and your mother's interests; AND YOU VERY MUCH NEED A LAWYEER WHO WILL not run up a big bill or let the disagreement that's liikely to develop between you and the DPA's get you and them into qa big controversy that bleeds them or you and perhaps your grandpa's remaining resources.
If you wish to contact me for a free telephone consultatoin about this, I am willing to discuss the problem with you, and help you steer yourselves as effectively as possible.
LawGuru does not allow us to put our phone numbers in these replies, but my e-mail and office location addresses arae provided to you.
I wish you and your family a happy outcome to this painful problem. I know it is not an easy one for you to deal with.
Edward Ardzrooni
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