Legal Question in Wills and Trusts in California
My father passed away and left a will (drafted in 2007) that states that half of the estate should go to my daughter and half to me (his son). His condition was such that he required 24/7 supervision and care (eventually being fed by hand etc..) which I was happy to do and it kept him from going to a nursing home but it meant that I was unable to work or even leave the house for more than an hour at any one time. This was the case for the last 5 years with him, and when my mother was alive I cared for both of them. I never tried to collect money from the government for it because they're my parents...it didn't seem like the right thing to do. Now I wish I had.
The lawyers are playing games with me now as if I were the enemy. On a piece of paper the lawyer had a note to self that read, "Will he move out or will we have to evict?!"
I don't wish to take anything away from my daughter but I have no way of surviving now if I move out which the lawyers say is necessary in order to get actual cash that can be split in half. There is also a mortgage with around 15 to 20 thousand dollars left still to pay but he had 50 thousand in the bank which would cover the mortgage with around 30 thousand to spare. There is a "fiduciary" (sp) involved and I'm being told that I could stay in the house if I pay rent, utilities and eventually "buy my daughter out". With what? my half of the market value of the estate? That's, undoubtedly, going to be more than the actual sale price had it been sold. Right?
The lawyers have hinted that the mortgage would be my responsibility and not be payed by the estate. That's not fair.
And what about heirlooms? There are things that were intended to be passed down but now must be sold. This is a total disaster and not at all what my father had in mind when he had the will made up. He simply wanted to provide for his only child and his only grandchild.
1 Answer from Attorneys
Why is more than one lawyer involved? Most probate attorneys and administrators want to sell all the assets but there is no legal requirement that that be done. If there is enough cash to pay for the taxes, probate fees, mortgage, etc., there is no reason to sell the house. Try to form a united front with your daughter and petition the court to remove the administrator and put yourself in instead. With your daughter, meet with the administrator [the attorneys merely take orders from the administrator] and find out why he/she is acting in that fashion and what can be done to have future behavior be more beneficial to you both. Read some of the Nolo Press books on probate to see what your rights are and what can be done. You probably will need to consult with a probate attorney to find out what can be done.
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