Legal Question in Wills and Trusts in California

my father helped me to become a homeowner in 1975 when he purchased the house I was living in. I was making the mortgage payments while he kept it in his name. When it became free and clear he was to put it in my name. Due to problems with my ex we spent 5 years trying to remove him. My dad then decided to wait and pass it to me when he died. He developed dementia and since my sister & brother & I couldn't agree the probate court appointed lawyers and conservator. All they wanted to do was sell his property and put him in a home. They attempted to evict me because I would not pay them rent for a home that was free and clear. We mediated an agreement that I would pay 60,000 to help with his long term care. I suggested that he live here with a full time caregiver & myself. The conservator placed him in home for close to 6,000 a month from 1/05 till10/08. Then moved him to another for2,400. as funds were getting low. They sold two pieces of property for well under market just before the economic crash. Now after having been paid 30,000. to 60,000. for their services. They want payment for the time he's been in the home. They're asking for 43,000 in conser. and lawyer fees. The estate has no money and they are asking the probate court to allow them to place a lien on my home of nearly 40 years. The superior court told her she couldn't come along and change a long standing agreement between dad & I. If they encumber my home can I be forced to sell it to pay them? My father is still alive and in good health. I know from the past experience with probate that the judge will most likely side with them because he has stated that the first beneficiary is DAD, that I am not till he dies. Although he assurred me that no one would be able to dispossess me of it. He thought it was protected for me. At one point he had said it was time to put it in my name. My sister called adult protective services to say I was forcing him to do so. The lady said that if down the road they felt I had taken advantage of him that a conservator could make me GIVE it back. It turned out that my sister was forcing him to sell to her his income property at what he owed. After several years of complaining re: sale the court upon finding out the true value ordered the sale recinded. The conservator allowed my sister to sell it back to the estate @30,000. profit to my sister. Now they are trying to come after the last thing in his name, the home he held in his name for me and I made the mortgage payments. I would like the estate to put it in my name and then if necessary I could get reverse mortgage to satisfy their claims. But I don't think she will. Is this legal since they know its been held for me all these years. What remedy do I have? Im 62 and disabled after a heart attack I suffered during this mess. Now it seems it will start again. I live in Calif.. Please help me.

2 Answers from Attorneys

Related Questions & Answers

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

Looking for something else?