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What type of attorney do I really need? I have been bounced around from Family to Estate now recently Real Estate.

Castro Valley, CA |

Husband and wife married over 45 years filed for divorce but only took care the spousal support. Wife took only her clothes, papers, desk, etc. Left all gifts and other items accumulated during marriage as too much considering she wasn't sure where she wuld be staying. Informed husband of that too. Our eldest daughter had his DPOA. He sadly has passed away. He left a trust and named the DPOA as Trustee also. Before he passed he terminated our Joint Tentancy and did a quitclaim deed to put his half in the trust. I am currently trying to get all the info on our house and found that the mortgage had not been paid since July. Our daughter had been making the payments from his account up until then. As soon as he passed our daughter removed everything from the house, also. Where do I begin?

Attorney Answers 3


  1. You need competent experienced legal counsel who can guide you through the storm. There may be even more issues than you perceive. Our office deals with your situation on a regular and frequent basis. Are there retirement issues, life insurance issues, any other policies that may be impacted by the demise of your spouse? Have you had any communications with the Power of Attorney daughter? If so, what has she stated? It's really a matter of having the legal know how of how to take care of business, moving forward aggressively to bring things to a final conclusion as soon as possible. Legal counsel needs to make a very careful review of all your specific facts, the Trust, the state of mind of your ex at the time he executed the Trust and the Deed conveying his interest in the property to the Trust and investigation in regard to the valuation and location of personal property moved from the premises by the daughter. All of this certainly can be accomplished, but please be advised the sooner the better. The passage of time never helps, only hinders our firm or any other firm and their ability to collect available evidence and bring this matter to a conclusion as soon as possible. Do you have a copy of the Trust? Do you have a copy of the Power of Attorney? What was the value of assets taken from the property? Do you knowledge concerning the retirement and any life insurance benefits that might have been available?

    I hope this is helpful.

    John N. Kitta
    Fremont

    I hope this is helpful

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  2. I agree with Attorney Kitta. Sadly, your first step is to contact a probate attorney and determine where you stand. You have a complicated situation and you need help to figure out what your options are and what your priorities should be.

    Best of luck to you and I am very sorry for your loss and your problems with your daughter.

    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 a real estate attorney to protect the home. That should be the first priority. Assuming you still have at least a 1/2 interest in the property, you would have the right to cure the loan (bring it current).

    Once the property is secure, you may then deal with all of the issues relating to securing your rights to the community property generated during the marriage.

    Please feel free to contact me, so that we may discuss the matter further.

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