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What is a Legal Document Assistant?

A Legal Document Assistant is licensed to assist with the preparation of legal instruments. Legal Document Assistants do not work under the supervision of an attorney.

What We Do

•  We complete any applicable documents in accordance with California probate law proceedings.

• We can render assistance in providing resources to certain aspects of The California Probate Code.

•  However, we CANNOT legally advise, interpret, or suggest any course of action.

• Licensed LDAs are most effective when family members have nothing to fight over.

• Licensed LDAs are NOT Attorneys.  

Family Affairs

 When a loved one dies, the will should dictate who the decedent appointed as executor of the estate.  If there isn't a will than an administrator needs to be appointed to administer the estate. 

To apply as administrator, its often better to discuss this with other immediate family members before submitting the court application. Doing this can often prevent arguments amongst family that may arise in relation to the application. 

Since notification to immediate family generally  has to happen before the court appointment can occur, its often beneficial to let other family members know before the fact. Sometimes a family might even want to have multiples administrator(s) to ensure fairness.

CA Prob Code § 8460 

8460.  (a) If the decedent dies intestate, the court shall appoint

an administrator as personal representative.

         (b) The court may appoint one or more persons as administrator.

With some families, the appointment of administrator(s) can be the cause of much concern. And in our experience this kind of second guessing will only prolong the process in having the decedent's estate resolved.  If you or your loved ones are worried about the administrator abusing his or her power, you can at least rest assured that the accounting involved during the probate process in California contain some of the strictest procedures in the country. 

Guardianship Is Very Useful in Financial Exploitation Cases

Real-Life Story: Sex for Signatures

On a warm Friday afternoon in Chicago, a Baby Boomer son and daughter of a physically healthy 86-year-old man named Eugene sat across the desk from a respected and experienced elder law litigator. They had come to see the lawyer for advice regarding concerns that they had about their father and his new friend Olga. This is the story they shared.

Dad married his high school sweetheart – that was our mom, Doris. They were married for over 50 years. Mom and Dad were always devoted to each other. For many years Mom suffered from debilitating diabetes, and then cancer. Mom loved Dad with all her heart, but we know that she had been much too frail to have had a truly intimate relationship for a long, long time.

Mom and Dad had always been religiously conservative – but for the last 15 years or so, Mom wasn’t even able to attend church. After Mom’s death, there was a funeral at the church. It seemed like everyone in the community turned out because Mom and Dad were so respected. A woman named Olga, whom none of us had ever met before, attended the funeral. She warmly addressed all of the family members and expressed her condolences for our loss. She appeared to be about 65 years of age and fit as a fiddle.

After the funeral, Olga began attending church and all of the older adult activities. She publicly declared her faith and volunteered to help out wherever she was needed. After a while, people told us that everywhere that Dad went, Olga was sitting right beside him. I think Dad was quite flattered to have the attention of a younger woman after all those years of caring for Mom. The relationship seemed to have become romantic within a matter of months after Mom’s funeral.

We children had noticed that Dad was becoming ‘a little forgetful,’ but we considered that just a normal part of old age. Dad has always been close with all of us kids, and he told us about Olga. We were very happy for him to have a companion and to be getting out of the house.

Everything seemed to start out okay, but during the last few months Dad had become more withdrawn from family activities. He wouldn’t call or return calls like he used to. He stopped sending birthday cards to the grandkids (which always had $50 bills in them). Some of us kids attempted a trip home to see Dad for Thanksgiving – but we were told quite bluntly, “no, please don’t come. I’m going to have Thanksgiving with Olga and her family.”

Right after Thanksgiving we got a call from a lifelong family friend who is Dad’s accountant. He urged us to visit Dad because he had been visited by Dad and Olga. He indicated that substantial changes in ownership of assets were being discussed. He recommended that we contact you, Mr. Attorney.

After listening to this story, the wise yet cynical lawyer stated, “from my experience, this is possibly a case of professional financial exploitation – especially because your father perhaps suffers from a bit of dementia. You told me that most likely your father and mother had not been intimate for many years, and I think it’s very probable that there is sexual activity going on between Olga and Eugene. I refer to this as the 'sex for signatures’ scam.'”

Immediately the son and daughter stood up, outraged. “You have no business insulting our family and our father! Our Dad has always been an upstanding man of faith! I resent your comments and your lack of empathy!” After saying that, they promptly left the office.

On the following Monday morning, the first call into the lawyer’s office was from the son and daughter, who had spent the weekend at their Dad’s home. As soon as the phone was answered, they said to the lawyer, “We can’t believe it! You were right. During the weekend we heard unmistakable sounds of intimacy coming from our Father’s room. And that’s not the worst of it! There was a brand-new Lexus sitting in the driveway, for which Dad had co-signed the loan – but the title is in Olga’s name.”

G C forms below