Legal Question in Wills and Trusts in California

living trust / conservatorship

my mother who has a living-trust left me a life estste and 75% intrest in her home (pd in full by her) my brother 25% only if I want to sell--Question-my mother went into long term care under my conservatorship & med-cal 2004, aprox 06 a glitz in med-cal caused a $24,000 bill to accure. I'm looking for way to pay , but being disabled and the ''system'' keeping my hands tied it seems impossible. can the court/county legaly charge me house/car rent for what she left me in her living trust, or even throw me out of the house she wanted me to have as my ''HOME''---PLEASE HELP


Asked on 6/28/09, 7:32 pm

1 Answer from Attorneys
Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: living trust / conservatorship

If your mom received MediCal benefits and owned a house, MediCal has a lien on the house, which is collectible upon your mother's death. The State can't evict you, but the debt runs with the land. They should not be able to charge you rent because they don't own the house. However, they can take action to force a sale of the house to pay off the lien, if you don't payoff the lien. You and your brother should either make payment plans or refinance.

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Answered on 7/01/09, 3:01 am


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