Legal Question in Real Estate Law in California

family law/realestate

my parents added a second floor onto their home and basically want to leave the house to myself and my brother..my 19 yr old, 26, yr old and 24 yr old all live upstairs with me and fiance..my bro lives downstairs with parents..my brother doesnt work and is on parole, i am on permanent disability..my dad ref his house recently but realized that if he leaves the house to me and my brother in his will that we cannot assume his loan is this what we would have to do to obtain ownership without probate problems? otherwise he is thinking of selling the house to my youngest daughter so we wont loose the house if god forbid anything should happen to him and mom..THANKS FOR YOUR HELP


Asked on 1/27/07, 1:21 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: family law/realestate

He could set up a trust so that, upon his passing, the house could go to whomever he wants without the need for probate.

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Answered on 1/27/07, 1:31 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: family law/realestate

I would strongly recommend having your parents consult with an estate-planning attorney, who would probably recommend setting up a living trust. If properly done, the trust avoids probate and loan-assumption problems and has very significant tax advantages as well in 99% of cases.

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Answered on 1/27/07, 3:23 pm


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