Legal Question in Wills and Trusts in California

Necessities of Life Loan

We loaned our son ~$40,000 over a three year period of time, during which time he was very ill. He died on July 31. We have not attempted to get a lien on his limited assets to cover our loan to him as we felt his assets were not enough to cover his various creditors, which include IRS and California Franchise Tax Board. In other words, bigger guns than ours are involved. Then, someone told us, because we provided him with money for necessities of life, (including his living with us 5 months), we would be on the top of the list to be repaid. Is this correct? If so, what type of documentation would we have to have? Even though he was a lawyer, he died without a will. Obviously after losing $40,000, we don't have much cash to invest in legal fees unless we can be assured we will get our loan repaid.

We are retired and disabled. We had to mortgage our home to help him.


Asked on 9/24/08, 3:49 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Necessities of Life Loan

I am sorry for your loss.

I don't know whether it would be worth the cost and hassle of opening an estate, but if you were dependent on him at the time of his death or at the time he became disabled, you could be eligible for Social Security survivor benefits.

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Answered on 9/24/08, 4:07 am


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