Legal Question in Wills and Trusts in California

My dad has passed and his wife got the house but has not job and cant pay the mortgage, she is a professional horder has tons of money from his stocks but wont cash them in. Is there any way I can save what my dad worked so hard for all his life???


Asked on 8/25/11, 12:15 pm

3 Answers from Attorneys

Aaron Feldman Feldman Law Group

More information would be needed to understand the situation better. You say his wife got the house, but was that through joint tenancy or by a will or trust? That would also apply to the stocks and bonds. You need to consult with an attorney who can review documents and give you more specific advice.

Read more
Answered on 8/25/11, 12:20 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Interesting. I can think of two possible solutions (they are both complicated and expensive). If Mom is sufficiently nutty that she can't take care of herself, investigate "conservatorship." Also, any creditor of hers can initiate an involuntary bankruptcy that would force her to sell assets to pay debts. Like I said, these are both extreme measures and if I were you I would consult a shrink.

Read more
Answered on 8/25/11, 12:21 pm
Michele Cusack Pollak & Cusack

You could pay the mortgage, but that wouldn't mean she'd leave it to you, unless you can negotiate an agreement with her that she will do so if you keep paying the mortgage until her death or paid off (will contract). This could only work if she is competent and you would probably need to be separately represented, esp if she has other possible heirs.

Read more
Answered on 8/25/11, 12:42 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California