My sister and her boyfriend are unfit parents, they don't have jobs and struggle with drug abuse. The children are not well taken care of, (rashes constantly, not bathed regularly) and i am worried for their well being. There is a 3 month old and ...
I agree with Attorney Darlington. You and your husband can, and it sounds as though you should, apply for Guardianship of the children. As you have advised, the standard for obtaining guardianship is higher than simply showing the best interest of the children but it sounds like you will be able to demonstrate actual detriment to the children if they are left in their current situation. Additionally, you can apply for temporary guardianship. Guardianships are filed, heard and granted in the Probate Court.
Assuming that the children also live in Stanislaus County, to apply for an order for temporary guardianship you must first file a petition for a general guardianship. Under the county's local rules, the hearing for the temporary guardianship will be set approximately 30 days from the date of filing.
If you need an emergency order for guardianship in Stanislaus County, you can request what they call a "temporary custody order" or TCO where there are immediate or emergency needs to be addressed for the minor children. If the request is granted by the judge, the TCO can be used to retain temporary custody of the child pending the hearing on the appointment of the temporary or permanent guardian.
In order to apply for emergency custody orders you are required to first file an ex parte order for temporary custody. These orders typically take three to five business days for the judge to review and either grant or deny the request.
Here is a link to the Stanislaus Probate website. If you click on "guardianships", you should find additional information: https://www.stanct.org/probate#See question
My mother and father had told me that they had a trust. They funded the trust with their home and its titled as such. I am the trustee but can not locate the trust. Since some assets are titled in the name of the trust but I can't find the trust...
The other attorneys have provided you with excellent advise. I would check to see if your parents have a safe deposit box that could contain their trust. In addition to the "recording requested by" information on the transfer deed, you can sometimes determine who the attorney who prepared the trust is by looking at the notary page. Many estate planning attorneys are also notaries. If the attorney is not the notary, if you can locate the notary, then it is possible that the notary can direct you to the attorney who prepared the document.
Locating the attorney is important in your situation because in addition to the attorney having a copy of the trust, he/she may also have retained the original trust.See question
I called the police and asked the police to go to my father's residence to secure the residence. According to eyewitness when the police arrived they spoke to the Donna Clay my aunt asked what had happen and said it was a civil matter. The police...
I agree with the other lawyers here. You need to retain an attorney immediately. In addition to a demand by the attorney to return estate property, if the estate will be probated, then additional petitions can be filed in the Probate court to request an order for return of this property.See question
Were trying to protect the home and property were my parents live if my father should pass one day, What legal steps can we take now to keep the State or Social security in the future from trying to collect earnings back from the property if his w...
A properly drafted trust is created to allow the creator's estate to pass to his/her/their heirs in a manner that avoids Probate. The Probate process is time both consuming and expensive.
As Attorney Smith has advised you, Social Security benefits were earned and are not subject to recovery from an estate. This is also true of SSI benefits which are also not subject to estate recovery. However, it would be a good idea for your parents to consult with an elder law/estate planning attorney who is familiar with the Medical recovery laws and regulations. There are estate planning techniques that are available and may be useful in your parent's situation.See question
I am my mothers trustee, she would like to gift money from the account before it's all spent for medical care
I agree with the other attorneys here. Most revocable trusts contain language that allows the trustor (your mother) to gift trust property. However, Attorney Mayer provides particularly excellent advise. If your mother may be able to qualify for public benefits such as MediCal, then giving away her assets can disqualify her from receiving such benefits for 5 years. I would also advise your mother to speak with an elder law attorney familiar with MediCal and other public benefits.See question
Hello, my mom died in 2010 in Fresno, California. I have been going back and forth with my mom’s death benefits insurance company which is CalPERS. My mom never did her beneficiary designation. My mom never technically got married either. She ...
I agree with the other lawyers here. Your mother was not legally married to your step-father. It sounds like your mother never named anyone on the beneficiary designation. So these benefits could not have passed to your step-father as a surviving spouse (because they were not legally married) or as the named beneficiary (because he wasn't named). Plus, he never received any of the death benefits. Since there is no beneficiary designation, then the benefits should have be part of her estate and ultimately be distributed to your mother's biological children.
You also need to find out why your brother received his share at the conclusion of Probate while you have not. That could be a separate issue from the CalPERS benefits.
It does sound as though you have a case. You'll need to contact a California Probate and estates attorney as your mother died in Fresno, the Probate was likely in Fresno County and the asset in question is located in California.See question
I have a revocable trust leaving everything to my son administered by my daughters. there are three houses in the trust. can they be sold after I pass
The other attorneys are correct. Most revocable trusts provide the trustee with numerous powers, including the power to sell property before distribution. However, the terms of the trust are controlling and will define that what the trustee can and cannot do. I agree with Attorney Shields; you should probably have an estate planning attorney review your trust to make sure it contains the specifications that you want.See question
The son was named executor in the will. And was left solely the corporation.
Your son will need to file a Petition for Probate using the judicial council form. He'll need to make sure that there aren't any additional requirements by the local rules. For example, many counties in California require that a list of known debts/financial obligations be attached to the petition even though the petition does not reference this. Other forms to file with the initial Probate are: Duties and Liabilities, Letters of Testamentary (to be issued by the court clerk but signed by your son), Order for Probate (to be signed by the Court), bond (if the will does not waive bond) waiver of bond if there are beneficiaries who are willing to waive bond. Even though Probate involves mostly judicial council forms, he may want to seek legal advise as some of them can be a bit tricky.See question
She is getting 40k ...
Supplement Social Security (SSI) is a needs based program. This means that your mother receives SSI because she qualifies for it based on her income and available resources. Social Security will not take her inheritance. However, she may become disqualified from receiving SSI for a period of time due to that available asset. As Attorney Santaella has recommended, she should consult with an attorney who is knowledgeable about social security and other government benefits.See question
My brother is a drugatic and their mother is also one. She ran off with their cash and food benefits for a year. She comes around here and there. She does not raise them. My family raise the 3 children out of our pocket money. They eat, sleep, and...
Attorney Coston is correct. You need to contact a Probate attorney to file a petition for temporary, and then general Guardianship. Based on the facts you have described, an the fact that they children have been living with you and your family, you stand a good chance of prevailing in the guardianship case.See question