Questions answered by Rosemary Jane Meagher-Leonard

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Where do I start on getting custody of my mother w/dementia

Rosemary's answer | Answered on March 05, 2013

I agree with Attorney Sinclair. You need to consult with an elder law attorney immediately. You may need to establish a conservatorship over your...

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Prior to death, Mother put real estate and money in joint accounts with my sister.

Rosemary's answer | Answered on February 19, 2013

I am sorry for your loss. I am assuming that you and your sister are your mother’s only children and that she was not survived by a husband. Is...

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Why should I ask an attorney to take a look at the wills when the other siblings can order the death certificate and cash in

Rosemary's answer | Answered on February 12, 2013

I agree with Attorney Johnson. Whoever advised you as to the procedure you've describe is incorrect. I too am confused by your term "cash in". ...

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What are the rights of adult children of a deceased beneficiary other than receiving their portion at final distribution?

Rosemary's answer | Answered on February 11, 2013

As Attorney Frederick has advised, it is the trustee who administers the trust. Usually, the trustee is granted numerous powers by the trust...

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What are the steps to file a petition with the court in order to issue a subpoena?

Rosemary's answer | Answered on February 08, 2013

There needs to be a pending or current court action in order for a subpoena to be issued. If a petition or complaint is filed by an attorney, the...

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If my sister got pregnate at age 16 and signed a temporary guardianship paper how can she revoke it?

Rosemary's answer | Answered on February 08, 2013

Any guardianship proceeding may be terminated by court order if the court decides that it is in the minor's best interests to do so. Probate Code...

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If the Trust is over a $150,000 and Trustee didnt go through Probate and hasnt given accounting to the beneficaries.

Rosemary's answer | Answered on February 07, 2013

If the trust property was properly titled into the trust, then no Probate of the estate would be required. However, if it has been more than 60...

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Need a conservatorship for 88 yr old mother because of sibling using her estate for her own personal gain.

Rosemary's answer | Answered on February 05, 2013

From your post, it does appear that your mother needs protection from your sibling sooner rather than later. As Attorney Cook has advised, a...

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Can my family use a home that is in our family's irrevocable trust as collateral to purchase another home for rental income?

Rosemary's answer | Answered on February 04, 2013

I am assuming that when you state that the home is owned outright that you are referring to the fact that it is debt free and that you do not mean...

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My 15yr old niece was kicked out of her home by her mom, my niece wants to live with her grandparents who are local?

Rosemary's answer | Answered on February 02, 2013

I agree with Attorney Little. A guardianship through the Probate Court may be the best option. It is helpful if your niece's parents will consent...

Rosemary Jane Meagher-Leonard's Answers (805)

Where do I start on getting custody of my mother w/dementia

Prior to death, Mother put real estate and money in joint accounts with my sister.

Why should I ask an attorney to take a look at the wills when the other siblings can order the death certificate and cash in

What are the rights of adult children of a deceased beneficiary other than receiving their portion at final distribution?

What are the steps to file a petition with the court in order to issue a subpoena?

If my sister got pregnate at age 16 and signed a temporary guardianship paper how can she revoke it?

If the Trust is over a $150,000 and Trustee didnt go through Probate and hasnt given accounting to the beneficaries.

Need a conservatorship for 88 yr old mother because of sibling using her estate for her own personal gain.

Can my family use a home that is in our family's irrevocable trust as collateral to purchase another home for rental income?

My 15yr old niece was kicked out of her home by her mom, my niece wants to live with her grandparents who are local?