My half brother was a very successful businessman and amassed a fortune of about 600,000. The problem is years of physical, emotional, and even sexual abuse by his mother have caught up with him. He was diagnosed with Dissociative Identity Disorder and has been for the time being been put in a psychiatric hospital for 6 weeks. Now his mother is trying to gain control of his estate even though my brother hasn't spoken to her in the past two years and by all accounts (from his friends) wanted nothing to do with her ever again. He is not married and she is claiming that even though they are estranged she has a right to draw from his bank accounts and use it for herself. My sister and I are trying to keep all of my brother's money out of her hands and keep it in the bank untill our brother gets better. My question is what rights does my brother have while he is in the institution. Can he really lose all his money? Do lawyers need to get involved? Please advise. Oh and we all live in
2007-10-25 11:55:02 · 3 answers · asked by CJ 1 in Politics & Government ➔ Law & Ethics
the state of California if that helps. to give you a little bit of history my sister brother(the one in the hospital) all share the same father. My sister and i were born first, then my parents divorced and my dad remarried my brothers mom. my father died when my brother was really young of lung cancer. His mother refused to let him see our side of the famliy for the rest of his childhood and it made me and my sister really sad. Then when he became a adult he reunited with us and cut his mother off.
2007-10-25 11:59:09 · update #1
If a Court has declared your brother legally insane, then the same Court would have to appoint a guardian for your brother and his assets. It sounds like your mother is petitioning to be a guardian of the property. You need to hire an attorney ASAP to object to your mother's petition to be named guardian of the property. Your attorney can also file a petition so that you or one of your siblings (or even a third party) is appointed guardian of your brother's property.
2007-10-25 12:24:17 · answer #1 · answered by Dina K 5 · 0⤊ 0⤋
they are appointed a Guardian for their day to day physical needs,.....and a conservator to take care of their money,.....get a hold of an attorney, and see if your state has a Seniors with disabilities service,.....do not let his mother steal from him,.....if you cant get an attorney, then be sure to check with the state,.....want more info,.....e-mail me here,.....my girl friend does things like this,.....that is her job,.....
2007-10-25 19:23:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes. Lawyers need to get involved. It is called a conservatorship hearing and is handled in your state's probate court.
2007-10-25 18:58:27 · answer #3 · answered by mattapan26 7 · 0⤊ 0⤋