QUESTION
What rights do I have to my deceased Mother's house if I'm under a conservatorship & that is ended?
Asked on Sep 10th, 2015 on Trusts and Estates - California
More details to this question:
I had a MAJOR car accident at 25. My parents were my Co-Conservators. Mom died. Dad remarried. Now I'm 48 & Conservator says I need to move because he doesn't like one of my friends. I asked him for 50% of the house & he said, "No." "Mother would've said you were handling this badly. I'll look for another place." My friends have said that I've got a legal right to live here. I want to know if that's true. If I AM released from the Conservatorship, I'm not looking back but DO I have a right to Mother's home/proceeds? I moved here in 7/92. The attorneys I've called aren't taking new clients & my attorney's retired & moved.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Your conservator is a fiduciary who owes the highest duty to act in your best interests. You may have a court review your conservator's decisions and replace your conservator if he breaches his fiduciary duty to you.
Whether or not you have an interest in the home depends on a lot of factors, especially how your mother and father held title when your mother passed away. If your parents held the property as joint tenants, then your father would have received the property as a matter of law. If your parents held the property as tenants in common, then your mother's half interest in the property may partially go to you. If the property was in a trust for your benefit, then you may have an ownership right in the property. Was there a probate of your mother's estate?
Whether you have a right to stay at the property depends on whether you are a gues, a tenant or an owner of the property.
Answered on Sep 10th, 2015 at 5:55 PM