Legal Question in Real Estate Law in California

Re: Tenancy In Common

First, your sister's interest in the home will not be subject to any lien unless for some obscure reason she had or assumed a duty to care for the grandmother. The interests of tenants in common are separate and insulated from the claims of the creditors of the others.

As to protecting the grandmother's interest from legitimate claims by Medi-Cal or the Social Security Administration -- well, I guess the first thing I have to tell you is that lawyers must not advise clients, or non-client members of the public seeking help on a bulletin board, on how to evade taxes, dodge creditors or otherwise break the law.

So, if Medi-Cal and/or the SSA do have a valid claim for reimbursement of benefits based on laws or rules subjecting the beneficiary's assets to prior depletion before benefits can be paid, or the like, my advice is to bite the bullet and pay the claims before enforcement action raises the cost through interest, penalties and possible legal fees.

Medi-Cal reimbursement regulations are constantly changing, as beneficiaries and heirs are trying innovative strategies to hide assets and the agency is counterattacking with new regulations and procedures. Thus, this has become a pretty specialized area of the law. Not even every wills, trusts and estates lawyer will be up-to-date.

However, I think that's where your family should start. Find someone local who practices in the area of administration of estates of decedents, and get advice on two issues: (1) how to pay off Medi-Cal, if that is indeed necessary (it may not be), at the lowest possible cost; and (2) how to locate the will and administer the estate efficiently, including disposition of the house held in co-tenancy by sale, buy-out or whatever.