Legal Question in Wills and Trusts in California

my father passed away when i was a minor so my mother was granted guardianship.my fathers estate was left to only me as my siblings have a diff. dad. when i turned 21 i signed papers granting co-ownership to my mother as it was to my understanding needed in order to refinance.just recently i became aware of my mothers credit debt and decided to look into the financial situations of the estate for my protection.after doing my research i discovered a loan/mortgage in my mothers name for $400,00!!

questions:

when my mother passes away...will my home be taken away? will i have to pay her debts/loan? how can i take her off the deed/title? help!

next question...

my 36 year old brother is in the army reserve but currently lives in my home and does not pay rent(at least not to my knowledge)i have told him several times to move and he refuses and says he has legal rights to live here since i apparently signed a contract that he received in the mail while he was away at basic training camp.i assumed he was lying as i don't recall EVER signing any type or rental/lease contract.than he sends me a pic of the contract but it looks like a forged signature.when i informed him that if i would have no other choice than to proceed with an eviction process he told me to go for it since the military would provide him with a free lawyer and i would spend all my money and still lose.keep in mind that my mother is co-owner and is not cooperating with me due to the fact that he is her son and she doesn't want to kick him to the curb but at she same time she wants him to pay rent & help around the house...which he refuses both. how do i get this leech out of my house?!?!

p.s.i am 23 now and live in the inherited estate with my mother and brother.


Asked on 9/15/12, 2:26 pm

1 Answer from Attorneys
Victor Waid Law Office of Victor Waid

You have so many issues in your question; obtain the services of a probate litigation attorney to begin to sort these matters out and enforce your rights as the beneficary of your father's estate, and bring litigation against the family members who are taking advantage of you. Don't delay, as you may lose some rights by statute of limitations as to when to file file litigation.

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Answered on 11/09/12, 3:55 pm


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