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My grandfather currently lives with me due to illness and needing…

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My grandfather currently lives with...
My grandfather currently lives with me due to illness and needing help with physical limitations. He has a wife who lives in another state who sent him to live with me saying she couldn't care for him. She has done all kinds of crazy things since to try and take his money. she filed a legal separation and then recanted on that. My grandfather did some changes to his trust removing her as trustee since it is apparent she only wants money. We just got a notice in the mail that there will be a hearing in California, we live in Oregon to reinstate her as trustee. I guess what I want to know is how to respond to this..via mail? My grandfather cannot make the trip to cali due to his heart but we need to handle this. HE doesn't have a bunch of money to send an expensive lawyer in so I need advice on how to help him.
Submitted: 6 years ago.Category: Estate Law
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Answered in 29 minutes by:
3/11/2012
Estate Lawyer: dkennedy, Attorney replied 6 years ago
dkennedy
dkennedy, Attorney
Category: Estate Law
Satisfied Customers: 6,009
Experience: Attorney at Law
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dkennedy :

Hello,

dkennedy :

How long has your grandfather been living with you? Has he ever been declared incompetent? Do you know what sort of a trust it is? Is it one he set up for after he dies, or something he gets money from regularly right now? Does he have dementia?

Customer:

my gramps has been with me since 3/2011 and has never been declared incompetant. He has a revokable trust. He was diagnosed with begining stage dementia. We had memory tests done in 10/2011 to show how he is doing and the doc. said by the scores he is doing well...just needs time to think through his answers but if given time he gets to them. He was not doing well in 11/2010 and hid wife had changes made to his trust and I have a letter from the attorney who did them saying the conversation was "labored". since he came to me we found the cause of his laboring which was a bowel obstruction causing acid to go to his brain...forgot the legal name. HE has been through physical rehab and is completely alert and back up walking...he is doing fantastic!! The wife has not seen him since he came here but has drained all of his bank accounts.

dkennedy :

Hello again,

dkennedy :

You need to immediately file to be your grandfather's voluntary guardian (he signs) and also he has the ability to change the trust or whatever he wants. He is a resident in your state now, and he and you need to change things. Many attorneys will even come to the house if his health is bad. But, you need to take it out of her hands right away. He can revoke that trust and write a new will and a new trust with you as the trustee. he can give you power of attorney, but a guardianship and conservatorship is much better. That gives you power over and above what she can do with his money and such. Not that she won't inherit a certain amount when he passes, but at least you will have some control right now. It is not expensive to do.

Customer:

thank you, XXXXX XXXXX not been done. He did change his trust and will to make me the trustee and that is what she is now fighting. So, do we or I just write a letter to the judge who is doing the hearing in california? the papers we just got are "notice of hearing to determine existence of trust and confirm his wife as successor trusee of the trust". Are the guardian papers things we can write up and have notarized on our own? The trust was redone by using the old trust and removing her as trustee and having them notarized and giving her notice she is no longer the trustee. He is not able to attend the hearing so I want to make sure we reply. I appreciate your help and will make sure to accept so you get your credit.

Customer:

thank you, XXXXX XXXXX not been done. He did change his trust and will to make me the trustee and that is what she is now fighting. So, do we or I just write a letter to the judge who is doing the hearing in california? the papers we just got are "notice of hearing to determine existence of trust and confirm his wife as successor trusee of the trust". Are the guardian papers things we can write up and have notarized on our own? The trust was redone by using the old trust and removing her as trustee and having them notarized and giving her notice she is no longer the trustee. He is not able to attend the hearing so I want to make sure we reply. I appreciate your help and will make sure to accept so you get your credit.

dkennedy :

She wants to be the successor trustee, which means if you cannot or will not serve. But, why does he need a trust at all? I'm not like some people who believe that everyone needs a trust, since I think most of them are just money-makers for estate attorneys and complicate the whole process. He could sign things over to whoever, make a will. California is a community property state, but he could will his half of everything to whoever he wants and forget the trust.

dkennedy
dkennedy, Attorney
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Customer reply replied 6 years ago
thank you, XXXXX XXXXX not been done. He did change his trust and will to make me the trustee and that is what she is now fighting. So, do we or I just write a letter to the judge who is doing the hearing in california? the papers we just got are "notice of hearing to determine existence of trust and confirm his wife as successor trusee of the trust". Are the guardian papers things we can write up and have notarized on our own? The trust was redone by using the old trust and removing her as trustee and having them notarized and giving her notice she is no longer the trustee. He is not able to attend the hearing so I want to make sure we reply. I appreciate your help and will make sure to accept so you get your credit
Estate Lawyer: dkennedy, Attorney replied 6 years ago
Please be sure to come back with any follow up questions. I will be here just ask for me.
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Customer reply replied 6 years ago
This is his second wife and all of his property was put into trust before they married so I thought that protected him? His nurses and therapist have all written letters saying he is competent and aware and able to make the choices. I like your idea and will tell him that too but I feel like we need to respond to the hearing notice??
Estate Lawyer: dkennedy, Attorney replied 6 years ago

Hello,

 

Yes, I think it might be a good idea to respond to the hearing notice outlining the situation and sending copies, perhaps, of the paperwork you have. I might also suggest you send a doctor's letter or something verifying that he cannot attend due to his health.

dkennedy
dkennedy, Attorney
Category: Estate Law
Satisfied Customers: 6,009
Experience: Attorney at Law
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dkennedy and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 6 years ago
Thank you, XXXXX XXXXX working on making copies and I have gotten letters from his home health nurses who come out to check on him each week as well. I greatly appreciate your help.
Estate Lawyer: dkennedy, Attorney replied 6 years ago
Great!! I think you are going to do fine!
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