Can i remove my mom's next of kin?i am in california

Your question is unclear. Do you mean you want to be named by your mom as the primary holder of a durable power of attorney, or a living will/advance medical directive, or the primary taker under her will? If any of these are what you are asking, it is up to your mom to draft these documents in favor of you. Discuss it directly with her pointing out the second marriages raise these issues and that many times a person like yourself ends up with nothing if she dies first. Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties in the state of Pennsylvania. He phone number is 215-735-2336 and his email address is listed below. Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. [email protected] website blog

I agree with the other attorney, but make sure that your mother has the capacity to sign any of the documents that he mentioned. If there is a question as to whether she knows what she's signing, your step-father could contest the appointment and drag you through probate litigation after your mother passes. You should speak with a lawyer who can help make sure she is able to sign and who can draft the appropriate documents for her specific purpose. Disclaimer: This answer is provided for general informational purposes only. This answer does not constitute legal advice and should not be relied on. Legal advice can only be provided after consultation with a licensed attorney in your state with experience in the area in which your concern lies. This is so because each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or documents at issue. This communication does not create an attorney-client relationship.

I agree with the previous two attorneys. It is unclear what you are attempting to do here. I suggest retaining an attorney to discuss and review your situation and determine if you can accomplish your goals. Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.