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Priscilla Ann Madrid

Priscilla Ann Madrid

  • Estate Planning, Elder Law, Probate...
  • California
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Summary

Priscilla Madrid is is an estate planning and elder law attorney located in Anaheim Hills, California. Her practice includes estate planning for businesses and individuals, probate, trust, estate and elder abuse litigation, conservatorships, trust administration and consulting. She has extensive experience in drafting and interpreting trusts, contracts and other legal documents along with an extensive civil litigation background spanning over 25 years of practice in both state and federal courts. She has successfully tried over 25 jury trials to verdict, is a certified mediator and has successfully negotiated the settlement of hundreds of cases for her clients.

Practice Areas
  • Estate Planning
  • Elder Law
  • Probate
  • Nursing Home Abuse
Additional Practice Areas
  • Trust and Estate Litigation
  • Financial Elder Abuse Litigation
Fees
  • Credit Cards Accepted
    Visa and Mastercard
Jurisdictions Admitted to Practice
California
Languages
  • English
Education
Western New England University School of Law
LL.M. (2015) | Estate Planning and Elder Law
Western State University College of Law
J.D. (1991)
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Professional Associations
National Association of Elder Law Attorneys
Member
- Current
American Board of Trial Advocates
- Current
California State Bar # 158645
Member
- Current
Legal Answers
25 Questions Answered

Q. If my father is under the care of his brother who is not using his disability check correctly
A: If you feel that your father is being financially abused by his brother the first step would be to file a report with adult protective services in your area. You may also want to file a petition for appointment of yourself as conservator of the person and estate of your father. Consult with an attorney in your area to determine whether this is a viable option. You can find out more about conservatorships on your local superior court website. Many courts offer conservatorship workshops for persons proceeding without an attorney.
Q. What can be done if my sibling (my brother) is refusing to return $45,000 cash belonging to my parents (age 91 & 86)?
A: A good start would be to make a police report and file a report with adult protective services. It may take them awhile to start an investigation but when they do it may convince your brother to return the money. You could file a complaint for financial elder abuse but most attorneys will charge you hourly. Attorneys fees are recoverable in financial elder abuse cases.
Q. The county became conservitor over my god father , while I have power of attorney and without notifying me .
A: Unfortunately there is insufficient information in your question to give you a definitive answer. Your best option is to consult with an attorney regarding probate of your god mother's estate, terminating the conservatorship of your god father or your appointment as conservator instead.
Q. My Mom died and left me POD of her bank acct. My sister is trustee say I need to give her the money.
A: The pay on death designation trumps the terms of the trust. So regardless of what the trust says the asset passes to you outside of the trust and outside of probate. All that is generally required in order for the bank to distribute the asset to the POD beneficiary is copy of the death certificate.
Q. My mom was diagnosed with dementia. She doesn't want to leave her house but is unable to live alone. My siblings and I
A: It depends. Even though someone has dementia it does not mean they are incompetent to make their own decisions. If you mom wants to live in her own home and has sufficient assets to payfor that she should stay there until her assets run out. Hire some caregivers to take care of her. Put yourself in her shoes. Would you want to live at home as long as possible with family checking in to make sure your needs are being met? I bet you would. Let your mother decide what she wants and do the best you can to accomodate that.
Q. After judgment, I filed Memorandum of Costs.Want to Amend MOC. Must I first seek leave to amend MOC, or can I just file?
A: The prevailing party has 15 days from notice of entry of judgment to serve and file a verified memorandum of costs. (CRC rule 3.1700(a).) An opposing party’s notice of motion to strike or tax costs must be served and filed 15 days later. (CRC rule 3.1700(b)(1).) It looks like you failed to meet the the appropriate deadline and the opposing party has filed a motion to strike for filing a pleading not in conformity with the laws of the State of California.
Q. Nephew-in-law right to inheritance.
A: Under the fact pattern provided your wife's estate would pass to her nephew. If a different result is desired you will need an estate plan to avoid intestate seccession and should consult with an estate planning attorney in your area.
Q. I live in a rent controlled unit in Los Angeles for 25 years. The owner has passed away & the home is going into probate
A: You need to continue to pay your rent, get a receipt if you are paying in cash. You should send a check or cashier's check to the person or entity your rental agreement requires you to pay. Otherwise the executor of the estate has a claim for past due rents against you and can evict you. A new owner, or the son if he is the beneficiary, may just carry on the business. Contact legal aid in your area if you need more information.
Q. My wifes dad has died, and he left no will. She is his only duaghter. What does she need to do for probate on a house?
A: You will first need to determine how the real property is titled. If titled in joint tenancy then the other joint tenant takes the property upon filing a notice of death of joint tenant. If titled any other way a probate needs to be opened. If there is a mortgage on the property she will need to keep those payments current to avoid a trustee's sale. If there is a co-owner she needs to file her own creditors claim against the estate for reimbursement of payments in excess of her share of the estate. If she is the sole beneficiary and just wants it sold she will be able to put it up for sale but the important issue is keep mortgage payments current do there is no default and a resulting trustee sale. If the home is paid off, keep the taxes current so their is no lien.
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Contact & Map
Madrid Law Group
155 N. Riverview Drive #211
Anaheim Hills, CA 92808
USA
Telephone: (714) 769-9129