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My mother married a man 20+ yrs her jr 2 months before she died, i wanted to file elder abuse undue influence

El Cajon, CA |

I thought the judge would investigate but she said its a civil matter he was appointed admin with a 182,000 bond on 11/15 which still has not been produced
hes a duel citizen i believe everything is bieng taken to mexico....this is crazy by the time motion goes thru all can be lost any suggestions

Attorney Answers 3


  1. Best answer

    Both Attorney Tigerman and Attorney Weissler provide you with excellent advice. Unless your mother’s husband is stealing the assets, he cannot simply take them to Mexico. If he cannot or does not file a bond in the amount ordered, then he cannot continue as estate administrator. He will be unable to obtain Letters of Administration by which he can access the estate’s property.

    A number of things may be possible. First, the judge in the Probate is correct. Elder abuse and undue influence are civil actions. However, if you can present evidence to the Probate Court of these activities on the part of your mother’s husband, then the Probate Court can and will remove him as the estate administrator. As the prior attorneys have advised you, you may need to file your own petition to administer the estate. If time is of the essence, then an ex parte motion could be the way to protect the estate.

    You should consult with an estate and Probate attorney as soon as possible

    Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide general information about the question posted. I am licensed to practice in the state of California. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.


  2. I am not sure how or why you believe that "everything is being taken to Mexico." If property is in your mother's name it cannot be probated in a Mexican court unless he is just sealing the assets, I suggest that you retain a lawyer and submit you own petition for administration of the estate - one of the grounds being that he has not posted the required bond.

    DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.


  3. Bert is correct. If it matters to you, you will need to step up to the plate and contest this guy's actions in Court. It hurts, but it will cost you money out of pocket which you may or may not get back. You should also know that unless he is 'highly connected' in Mexico there is a treaty (the Inter-American Treaty on Letters Rogatory) which can be used to drag him to Court up here. Best wishes -- Joel S. Weissler

    DISCLAIMER: Nothing in this post or transmitted by email should be interpreted as legal advice unless I have been retained and you have made a deposit towards my fees. This post is intended to help the person posting the question to ask the right questions with the attorney of their choice. Your time to act may be very limited and this could substantially reduce your rights and options. Do NOT rely on anything I have written here -- You should contact a lawyer in your area immediately after reading my posting. I am licensed to practice law only in the State California. For questions connected with the laws of other states you should seek an Attorney in that state to advise you. The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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