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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My father died on 4-24-15. On 4-22-15, my brother appeared

Customer Question

My father died on 4-24-15. On 4-22-15, my brother appeared in court to be added as Co-conservator with my Dad, over my Mom's person (Mom has suffered from dementia for 5 years.Dad was granted conservator ship in 2012. My dad's reasoning for adding my brother as "co,"prepared by his Lawyer, was that Dad's health was declining. On the document itself-where it asks why this person was chosen as co-conservator--attachment #3.One single sentence stated, "The conservatee has requested that her son act as co-conservator." How is this possible if she has already been deemed--unable to care for herself or make medical decisions, she doesn't even know what day it is...etc..? Both parents have been alcoholics, and habitual prescription drug users for 50 years. Dad had 2 days to sign the document, which he did NOT sign, prior to his death. My brother told me that his attorney said that, "the situation was just a technicality. Brother has taken cash from the house, dads wallet, cell phone, BMW keys-that is all I know of. He & wife are greedy. Do not care about my Mom. I typed sooo much more, which you prob. did not receive--very complicated & greed coming from alleged "family." Mom @ home w/sub par caregiver for 5900. mo., now bro going after sole Estate, when the doc. clearly stated that "no changes on estate since couple's main assets are in the revocable trust. Bro & I are 50/50 in LT&W. Dont trust bro. & wife. Dad wasn't as fin. savvy as Mom. Dad thought that property, R.E. (2 homes), annuities, etc. could not be sold until mom passed. I am going to go to So. Cal and fire the caregiver, new one-Female only been there 2 weeks.I will take over as C.G. can I get in trouble? New C.G. No D.L./cannot go anywhere, AND proUNlicensed. Parents have lived there since 1969. I am going to spend the last few weeks with Mom & be her caregiver, I am her daughter and can see health issues that the C.G. cannot. I can also shop/activities w/her. Brother and wife (who has not been in the house since 2011 entered the day of dad's death just to try to find the L. Trust! Also took roughly 750.00 out of dad's wallet to reimburse herself for hotels. Receipt? NO. Bro and I are 50/50 equal on L.Trust. Dad had 2nd thoughts about putting bro & SILaw that is why he did not sign it. Dad was well enough to drive he & Mom to lunch, eat, drive home within 12 hrs. of his unexpected death. Bro told them not to bother w/autopsy. My husb. & I have spent $$$ to go down after dads death, & again 2 wks. later for memorial. My only daughter (parents only g.child), flew in from Spain where she resides. Bro & SILaw getting everything paid for. Dad always gave us money when we came to visit, my daughter too. Do you think we were reimbursed for anything? NO. My dad would not have wanted that-that is what bro is hanging on to-that Dad wanted him to be Sole conserv.-NOT true, he rethought it and saw the breaking of relationships forever. Cannot believe the greed of my brother-his wife is a chameleon, and tells u what u want 2 hear. I care about my mom, and her wellbeing. I think they would kill her if they thought they could get away with it. How can he lie about being conservator, my SILaw can call & cancel my parents newspaper, but I cannot? This is beyond sad. I dont have enough room to tell you everything. I spent 3 hrs. typing it, and the system will not allow me to add that large of file. The atty. "rep" my Mom, for the state of Ca. will have to call me re: the new hearing. He cannot give me legal advice. My idiot younger bro. by 6 yrs., is a recovering alcoholic-my bro., prior to this / and still thinks I am like his Mom. He and gold digger wife..Brother has never treated me like this. Condescending, etc. even mom's atty (Ca state) advised bro & SILaw to keep me in loop after hearing-of course he did not know my dad would die. He has done everything BUT keep me abreast. Have to ask 5 ?'s instead of 1 ? to get every answer. I have never had him treat me like this. He has had financial problems all of his life. I did the paperwork myself for one of his 2 Chap. 7 BK's. I cannot afford attorney, and think he is using our family estate atty. (know he is), calls Wasserman, "his attorney." How can a Conservator attorney, use trust money to initiate law suits that were clearly (by dad), not to be sold, etc. until Mom passed. I will re-edit and add more info. to this in the a.m., this ordeal is running me down. Thank you. You probably cannot answer all of these questions, I will have to get an initial appt. w/ one just to see where I stand.

Submitted: 2 years ago.
Category: Estate Law
Expert:  Irwin Law replied 2 years ago.
Dear Customer: I am one of the experts in the legal section. You provide many facts and events that you are aware of. We can't respond to your opinions about those events and the people involved. This forum works best if you state specific key facts clearly and ask questions about those facts. Then we will understand exactly what information you are seeking. I look forward to assisting you. Thanks for contacting JUST ANSWER.