Legal Question in Wills and Trusts in California

There are several issues you raise in this situation. First, in California, the home you are speaking about would probably pass through probate since your parents have a will. That being said, the property would pass to whomever they named as beneficiary in the Will.

With regard to incapacity and long term care, your parents may need advance healthcare directives and powers of attorney for these types of situations.

Based on what you have stated, it would have to pass through probate. I do suggest you speak to a competent estate planning attorney as to what you need to protect them.

Please have your parents see an effective estate planning attorney. They can take many steps now to assist in the case of their incapacity or death that will avoid great complexity and expense. The facts as youu describe them would require a probate