Legal Question in Wills and Trusts in California
In Lincoln, California, 50+ year old daughter living with her 86 year old father took out three mortgages on the father's home. Father had been diagnosed with senile dementia by doctors. Father passed away several months ago. Sister did not inform or consult with three siblings when she procured the mortgages. The eldest son has been legally appointed and recognized as the executor of the father's estate. Is the son, as executor, legally responsible for the payment of the mortgages which appear to have been fraudulently secured?
3 Answers from Attorneys
He is legally responsible for dealing with them as the personal embodiment of the decedent's estate, unless he abdicates. He is not personally liable for the debt. Depending on the details of what happened, the loans may be voidable. The daughter may also be liable for elder financial abuse, possibly criminally liable. Eldest son needs to consult with legal counsel immediately, go over the details, and discuss options.
I agree with the previous answer. The details of the loans and the facts of the entire situation needs to be discussed with an attorney as soon as possible. An estate will need to be opened and the proceeds of the loans obtained will need to be look for as well. Any further delay may make it more difficult to have a favorable outcome. The executor needs to consult with an attorney as soon as possible.
I agree with Mr. McCormick and Mr. White. The estate is liable, unless the estate can bring litigation and prove that the loans were fraudulently obtained. The executor is not personally liable, unless the executor was somehow involved.
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