Legal Question in Wills and Trusts in California
Probate - Intestate
My father passed away on 4/1/03 and he left a will in which he left all his earthly possessions (mainly a house) to my mother, however, my mother had passed away 1/11/02. A codicil was made for him but he never signed it.
I have both their power of attorney to make financial and medical decisions. There are nine siblings including myself.
Do we have to sell the property and split it nine ways? Three of the siblings live in the property and cannot afford to move or buy the others out.
Also, my father was on Medicare and home support help from MediCal which put him in a convalescent home for the last part of his life. He caught pneumonia and died in the hospital.
Can Medical or Medicare try to collect on this property or force to sell this property?
Please respond as soon as possible.
Thank you,
2 Answers from Attorneys
Re: Probate - Intestate
The power of attorney is void as of the date of demise. The estate must go through probate court. Legal fees are strictly limited by law and may be paid out of the estate assets. The property will pass to the children, whether or not to sell it would be up to the executor. If you wish you may apply for executor. Please call me directly at (619) 222-3504.
Re: Probate - Intestate
Probate is required if the house (and other assets) are worth more than $100,000--this will require petitioning the court to be appointed executor. The powers of attorney are valid only while the maker remains living, so they would not work here.
You are required to notify Medi-Cal if he or his spouse received Medi-Cal benefits during their lifetimes, and Medi-Cal is entitled to a reimbursement of what they've spent. Check with an attorney first, however, as there are some exceptions and the estate liens can sometimes be negotiated to a lower amount.
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