Legal Question in Wills and Trusts in California

Re: Deseased Mothers Debt

Regarding the deed, it depends on the title currently--if it's just your mother's name, it will likely take a probate to change it. If title is in another form, like joint tenancy, the process may be easier.

Regarding Medi-Cal, there are different ways to settle with them--you can allow them to place a lien against the property that accrues interest, or pay them with other funds--they will not force a sale of the house. You should also see whether you may qualify for a forgiveness of the debt--the chances are small, but there are exceptions for cases of disabled children or hardship.

Re: Deseased Mothers Debt

It depends, how is the home titled now? Are you the only surviving issue? Did she have a will or trust?

I'll need the answers to these questions before I can answer yours.

It sounds like you may need to open a Probate and have the Court order the transfer of title.

If your mother's total assets are $100,000 or greater, (and owning a home usually causes this threshold to be passed), and there is no will or other testamentary document, then a Probate is going to be required to transfer title.

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Re: Deseased Mothers Debt

It depends on how title to the property is held. If you are on the deed as a joint tenant, you only need file an affidavit of death of joint tenant with the county recorder's office, with a certified copy of the death certificate attached. If the house was in your mother's name alone, you will need to probate the estate. If held in her name as trustee of her living trust, the successor trustee files an affidavit of successor trustee and then a deed transferring the property to the beneficiary(ies). In all cases, you need to file a Claim for Exemption from Reassessment for Transfer between Parent and Child(ren) with the county assessor's office. If you can't find the deed, you can get a copy of it from the recorder's office. I recommend that you consult a lawyer.