Legal Question in Real Estate Law in California

In the State of California, If one owner of an estate is collecting SSI and the other owner on the Title is receiving Social Security and retirement, and we want to sale the property due to the owner on SSI being put in a rehabilitation home and the other is dying of cancer, can they sale the property and will SSI take the money from the sale?


Asked on 2/28/12, 9:57 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I believe the two owners of real property can sell it at any time they reach agreement with a buyer, provided the price is fair. Problems with sales transactions occur when the sale is below a fair price and when the "buyer" is a related person -- in other words, you can't sell your $250,000 house to your son for $20 to avoid creditors. The usual creditor who is seeking reimbursement from real property is MediCal, which will be looking for payment or reimbursement when a beneficiary of its services (and money) passes away, and they have developed very aggressive collection techniques for sniffing out and setting aside transfers of real estate. Don't know about SSI per se.

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Answered on 2/28/12, 10:59 am


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