Guardianship Of Dependent Adult

[donough]

Greetings, I have a brother, aged 45, who is developmentally disabled.  Our mother has guardianship of him and is his payee.  She and our biological father are divorced, and mom remarried.  Recently, she passed away. She, as far as I know, left no will and our step-father says there's no insurance; although mom had mentioned that there was insurance and provisions for my brother some time before her death. My father and I feel that my step-father is "hiding" something. Our step-father is not being very "helpful" in helping me deal with legalities.  My brothers biological father wants to gain guardianship and be his payee.  We don't know where to start.  Can you help?

ANSWER: Dear Shellie

You will need to file a motion in the guardianship to substitute the father as guardian. I am sure the clerk of court will have forms for that. When the father is named guardian, he can investigate if there was insurance. If your mother had insurance, and the step father was the beneficiary, there is nothing you could do.

---------- FOLLOW-UP ----------

Dear Mr. Robinson,

Thanks so much for the quick response to my question; it was very helpful.  Maybe you can help me out with another question. My mother and grandmothers' names were on the house until a few years after mom remarried.

Grandmas name came off; step-dads name went on. So, am I right to assume that since mom died, step-dad is now the owner?  Under California law, am I entitled to anything that was my moms; including a share of the house  since it was hers before she married him?

[charlot22]

Dear Shellie

I am assuming that your mother did not leave a will, if she did that determines who gets what. If she did not leave a will, under most jurisdictions the husband would inherit everything. I am not familiar with California inheritance laws, you will need to consult a California lawyer for that.