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If a daughter is suing her mother for conservatorship in Ca. Is it legal that the daughter uses her mothers money to sue her?

Los Angeles, CA |
Filed under: Elder law Elder abuse

The daughter was added on to her mother and fathers bank account as a third person, and than she withdrew all of their funds out of their account without them knowing or ever allowing her to take their money out. She is now currently suing her mother for conservatorship on the basis of dementia, but she is using her parents money to sue her with. Is this legal in the state of Ca?

Attorney Answers 3

Posted

Maybe. If she is the conservator of the estate, then yes. Should could be the temporary conservator of the estate, again yes.

Other things to consider would be if she were a party to the account, she could claim it is her money or that this was some bizarre estate planning mechanism to ensure that they are cared for. Not too clean but this argument could hold up.

But let's take a step back. Where is father? If he is alive and well then he should probably be chiming in on this.

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Asker

Posted

Thank you Mr. Greenwood, Dad is alive and capable of making decisions. However is extremely elderly and worries about his own health so he is waiting to see what happens. But he is very upset that his money was taken too and he wants half of the money back that their daughter removed from their account, as he feels that it is community property between him and his wife. Daughter is not claiming any rights to the money other than that she withdrew it to stop any undue influence that she felt might happen in the future. Dad wants to know what he needs to do to get his half of the money back that was taken out of their account without either of their approval. Daughter has always said that the $80,000.00 cash that she removed from their account was put into a trust. However, it was just revealed that Daughter has been using their money to pay for attorneys fees to actually sue her mother for conservatorship. Not only was it shocking, but we can't understand how this is legal?

Oliver Alexander Greenwood

Oliver Alexander Greenwood

Posted

Ok, that makes a bit more sense. The part that your sister is missing is that this money is your father's and community assets do not become part of a conservatorship estate of the conserved spouse without the consent of the well spouse. As for the payment of funds, this is even more complex than you can imagine. I would recommend contacting a conservatorship attorney, your father definitely needs to as well as contacting your sister's attorney to make them aware of the circumstances.

Posted

You have not provided enough detail for a thorough review of your situation. You should consult with local counsel to explore your situation in detail.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

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Posted

Thank you Mr. Gold, I was unaware that anyone can get added onto someone's bank account, than take all of the money out of the account without the others signers signature or approval in which the money was not any of the daughters money who actually took the money. I was on here to ask if this was legal? Thanks again for your comment.

Posted

No it is not legal and her attorney should know it. You should advise the PVP attorney immediately of the facts. You should also report it to adult protect services.

All fees for conservatorships, including the establishment thereof must be approved by the court before being paid.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

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