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My father transfer $15000.00 into my account as a gift while he was in a nursing rehab center.

San Antonio, TX |

He transfer the above amount for me to take care of my mother while he was in the nursing rehab center . He did so with several witness and via the phone with his bank . He condition has worsen since this happened . The court has awarded co - guardian and co - conservtorship to myself and a public adminstator . I did have no idea how much my fathers assets are or were . He and his wife ( my mother ) have lived very conservative all their life . As it turns out he has several accounts some of which I just found out today in the several hundreds of thousands to include a trust fund that was set up some years ago . The co - guardian now is petition the court to remove me as guardian and conservetor . The gift of $ 15000 . 00 was given prior to the probate courts order .

Attorney Answers 3


  1. See an attorney familiar with guardianship and probate related matters as soon as possible. You have identified a number of issues that could be troubling and that could result in power that might otherwise vest in your family vest in a public administrator. This might or might not be appropriate. Seek counsel.

    This is a general answer only and you should seek the advice of counsel to address facts specific to your circumstances.


  2. I agree with Attorney Hackard. This is a guardianship matter and you should be represented by counsel in order to defend yourself.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. You will need to engage an experienced attorney familiar with guardianships. This fact scenario is bound to be complex and fraught with problems for you.

    There is no legal relationship created or implied by the exchange of messages or information on this website. All statements by me are offered as general guidance, but should not be considered in any way to be legal advice for you to act on without consultation with a licensed lawyer in your state. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information and guidance offered on this site. Legal advice is ONLY offered by me in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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