Legal Question in Wills and Trusts in California

Hopefully, I'm putting this in the right place!

My father in law is almost 81 and in declining physical health. Several years ago, he and his ex-wife (mother in law) moved into a new mobile home - the main reason for this was that she couldn't qualify for the loan without his income, so his name is on the loan. He has about $6k in credit card debt plus a couple of small medical bills, but nothing in the way of "assets". His only income is Social Security. He has a life insurance policy for $5k.

Question is - could a creditor try to force a sale of the home to pay debts after his death? I don't expect him to see the year out and would like to avoid a mess happening if possible.


Asked on 5/23/11, 10:05 pm

1 Answer from Attorneys

Kurt Seidler Law Offices of Kurt A. Seidler APC

Only if the creditor filed to probate his estate.

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Answered on 5/31/11, 12:29 pm


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