Legal Question in Wills and Trusts in California
My father lives with his girlfriend in a mobile home, she is not in the hospital and unable to communicate, everything is in her name, if she has to go to a nursing home or dies what happens to my father will he forced to move out and how soon after, they never had anything in writting only a verbal agreement that the mobile home was half and half. I need to know how to help my father.
1 Answer from Attorneys
The verbal agreement is completely useless once she dies. Unfortunately my guess is you mean she is NOW in the hospital, rather than she is "not" in the hospital. If she is unable to communicate, it is too late to do anything if she dies before regaining the ability to communicate AND she must be in full use of her mental faculties. If she dies without being able to fully comprehend AND communicate her wishes such that it can be put into proper written instruments i.e. a will, your father will legally be entitled to pretty much nothing, except MAYBE some reimbursement from her estate if he can prove a right to it.