Legal Question in Real Estate Law in California
My dads mother owns a house in San Francisco. Fully paid for. She has 2 kids, my dad and aunt. My grandmother was diagnosed with dementia and my aunt had her put in a home recently. My aunt is the power of attorney and trustee. She is moving into the house and has stated that my father has no rights to the house. My father recently lost his job and is sleeping on my sister's couch. It's a 3 bedroom house and we would like him to have access to one of the rooms.Which she always claimed was the plan. She now would like to have her best friend move in. She says' he will receive his inheritance when she sells the house, if she sells the house. My father is extremely easy going and wants for no drama, where as our Aunt has always been an aggressor. Is what my aunt is claiming true? Does my dad have no rights to the house?
2 Answers from Attorneys
Your dad may have some rights.You stated that your aunt will give your dad his inheritance when she sells the house. This fact may mean that your dad is a beneficiary in the trust, and for this reason he should ask for a copy of the trust. Having access to the trust document will give him a better understanding of his rights to the trust property.
If you need assistance with any of the above or want to discuss other facts, feel free to give me a call or another attorney in your area. I give free consultations.
Kind regards,
Jim
Jim Betinol
Partner
Withrow and Betinol Law
www.wibelaw.com
P: 424.229.2560
F: 424.258.7001
Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.
I don't see him any rights to the house while she is alive. At this point, the trust is most likely revocable, and your grandmother is still alive.
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