Elizabeth Joan Nelms's Answers

Their mom died how can we as family members protect her children from abuse and neglect from their father and stepmother?

It sounds like you have been doing what you are suppose to do and the system has let her down. There are several respected guardianship attorneys in San Bernardino County. I can think of two in the Redlands area: Walter Moore and Lenita Skoretz. I would suggest the family put together a fund to hire the best guardianship attorney you can find and follow his or her advice. San Bernardino County no longer pays for attorneys to represent minors, however, if you have money the court will...

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Legal guardianship

More information is needed before a comprehensive answer can be given. There is an informal document that can be used to give another the authority to take your child to the doctor, register them for school and to live with someone else. If this is all you need it is available at your child's school. If for some reason you want to give up your parenting rights, then, the person who is going to be the guardian needs to file for guardianship and you will sign a Consent form. You might...

Collection of deceased mother's debts.

The bills and debts your mother left are just that. You have no legal responsibility to pay for any of them and they cannot collect from you. I suggest you write "Deceased - no Estate" on the outside of the unopened envelope and return it to them. Do this with each bill you receive, and be ready to have to do this several times before they update their information.

FINANCIAL ACCOUNTING BY TRUSTEE

You need to read the Trust document. Generally, you would only have to account to the Settlor, however, once the settlor has become incapacitated or incompetent you may have to account to the beneficiaries. The Trust document should have a section on the accounting; you should also check with a local attorney that practices estate planning, preferably one that is a certified specialist as your state may have laws that govern this area.

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Estate question

You will need to consult with a probate specialist in your state to determine what the laws are in AR. If it helps, I can give you information on CA law. In CA you would need to file a petition to transfer the property to your name, this can be done in the probate court. More facts are needed on your situation, such as: are you an only child? If your father is still living, was he married to your mother at the time of her death? A power of attorney is of no effect once your mother died...

Daughter's right to challenge brother's conservatorship over mother.

Kathleen, Under California law only your mother could have given someone a power of attorney over her. You should read the power of attorney carefully, if signed by your mother then it may be valid. Unless your mother did not have capacity at the time it was given. Medi-Cal has very strict regulations about the monthly income your mother can have and whether she can keep her home while on Medi-Cal. You should consult with an attorney familiar with conservatorship and medi-cal in the...