Legal Question in Real Estate Law in California

Partition, Conservatorship, Small Claims ?

Moms� co-owner, (tenants in common) has no

conservator, is in a retirement home and refuses

to do

anything including sign the back of the insurance

check from ''Allstate'' (my Moms insurance co.).

Allstate refused to take their name off (required

by law they say).

The damage was to our part of the property, and

we paid the contractor?

How do I make sure that they carry insurance on

their two units, and that my mom�s name is on

''their''

policy?

Also my 87-year-old mother, is not herself

anymore, forgets to turn off the oven, etc.

My mom was released to me from the Hospital

(after a 48-hour stay six months ago). I have to do

something that my take many

months, I do not want the State to take the

property. What should I do (Conservatorship)?

Catch 22, if I have my mom switch to ''joint

ownership with a right of survivorship'', to avoid

probate. Would I lose my Social Security Disability

($ 2,000 in assets, max)?


Asked on 9/22/01, 7:34 pm

1 Answer from Attorneys
Joshua Genser Joshua G. Genser, Attorney at Law

Re: Partition, Conservatorship, Small Claims ?

If your mother and the other owners are tenants in common,

then your mother probably doesn't own two of the units.

Instead, both owners own all four units, called an

undivided interest. Unless there is something very

unusual about this property, it would be impossible

for an insurance company to insure only half of the

property, so you can't really expect the other owner

to carry insurance on "their" units.

If the other owner won't sign the insurance check and your mother's half is less than $5,000,

take them to small claims court. If it's more than

$5,000, consult with a local attorney.

Yes, you should consider having a conservator appointed

to take care of your mother's affairs. Consult with

a local attorney.

If your mother and the other owner can't cooperate

in the ownership and management of the building,

she could file an action for partition, which would result

in the sale of the building, perhaps to one of the

owners, and the division of the proceeds.

Consult with a local attorney who can interview you and gather all

of the details necessary to give you authoritative

answers.

Read more
Answered on 11/06/01, 1:03 pm


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