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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37809
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am a professional in California. I recently phoned Adult

Customer Question

I am a professional in California. I recently phoned Adult Protective services regarding a client. APS said they cannot intervene unless the client is 65 or disabled. This client is not yet 65 and is not disabled "technically". A con artist moved into this vulnerable persons home several years ago. I need to find out how to help my client get the con man OUT. I would prefer to provide other details confidentially, given this question is written in a public forum.
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

My apologies but JustAnswer is a public forum. While I will be happy to answer your question (without specific information pertaining to identity), the website cannot provide confidential advice--for that you would need to retain a local attorney. Would that suffice?
Customer: replied 3 years ago.
I will just be careful about providing any other identifying info.
Let me say that this individual is quite intimidated and has limited resources.

Are you familiar with Calif. law?
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

Please be careful, and I will do the same. I am familiar with california regulations in this type of a situation. May I ask how old the victim is at this time? Could you tell me a bit more as to how this person got into his home? How long has he been there?
Customer: replied 3 years ago.
The victim is 63. The con artist has been there for 10 years.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

What exactly are this person's "cons"? What is the situation? Also, does he pay rent to anyone?
Customer: replied 3 years ago.
No rent is paid. It appears he has been successful getting the victim to include him in a trust for when she dies. She is attempting to re-do the trust, he is trying to go with her to the appointment to change the trust. She says he follows her wherever she goes. I told her I will phone the attorney to request that the con man is not allowed in the room.
He is telling her he wants a copy of the new trust. He will find out what she is doing therefore. She said he has several guns in his room. He has threatened her "enough", causing her to think she has no way to keep him out of her home. She is so intimidated she pays for his groceries, and shortchanges herself in regard to her own grocery needs.
Expert:  Dimitry K., Esq. replied 3 years ago.
Good grief, what a terrible situation.

Three things:

First of all, contacting the attorney is a very good option. A trust is inherently a private document. Nobody has a right to a copy of it unless the trust document so permits, or the grantor (the party who created the trust) so consents to. She can even tell the attorney to ONLY provide it to her and only when she is alone, just in case she is later brow-beat into providing him with access.

Second of all, if he actually threatened her, the quickest way to get him out is via a restraining order. California law permits parties that live together to qualify as "roommates" which are covered under domestic violence and protection from abuse laws. She should go to the site below, print out the forms, follow the instructions, and file it. He will be forced to leave the home, or he can be arrested, AND while the order is in place, he MUST give his firearms to the police (since a person under a restraining order cannot legally possess firearms). She will get a temporary order and once a hearing is set, she can go there and make it permanent. Here is the link:
http://www.courtinfo.ca.gov/selfhelp/protection/dv/restraining.htm

Third, while all this is taking place, just in case the order fails, she can also evict him. Since he is an occupant, she will have to serve him with a formal unlawful detainer letter which would give him 30 days to leave. If he fails to leave, she would be able to take a copy of this letter to the courts, file a complaint, have the court issue a summons, and pursue an eviction order. If he still fails to leave, the sheriffs will be able to compel him off the premises. Just make sure that she serves him the letter via certified mail, a third party, or by affixing it on his door.

Good luck.
Customer: replied 3 years ago.

She claims he pulled her shirt down...during an angry outburst. From what I understand this has been the only physical abuse/assault. Perhaps the local domestic violence shelter would house her, until he is OUT of the home.
Yet...
I have one client who just had her husband served with a restraining order. She had a police report though to back up her claim. The police arrived at his door and he had to leave the house when he was served.She is now in the home, he is out.

Can this man be forced to leave the house when he is served a restraining order as well?

He has not threatened to kill her that I know of. He just claims there is no way to keep him out of the house, he will just break his way back in. He gets SSDI. If he trashes her home while she is in a shelter, will her homeowners insurance pay for the damages?
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

She claims he pulled her shirt down...during an angry outburst. From what I understand this has been the only physical abuse/assault. Perhaps the local domestic violence shelter would house her, until he is OUT of the home.
Yet...
I have one client who just had her husband served with a restraining order. She had a police report though to back up her claim. The police arrived at his door and he had to leave the house when he was served.She is now in the home, he is out.

Can this man be forced to leave the house when he is served a restraining order as well?
Yes, he can. That is why I suggested such an option.

He has not threatened to kill her that I know of. He just claims there is no way to keep him out of the house, he will just break his way back in. He gets SSDI. If he trashes her home while she is in a shelter, will her homeowners insurance pay for the damages?
To get a restraining order, a person does not have to threaten to kill, merely to threaten with credible serious injury. Since he is threatening violence and a break-in, she has enough to pursue such an option. If he trashes her home, homeowners will NOT pay for it unless he is legally removed from the home first via a restraining order. Otherwise he is a lawful occupant who can use the home as he sees fit, including trashing it while she is not there.

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37809
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thank you,
This guy is slick as syrup.
It is an awful situation. I will do my best to get her connected to further help.
Expert:  Dimitry K., Esq. replied 3 years ago.
You are most welcome. I do wish you and the victim luck in dealing with this situation.

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