Legal Question in Wills and Trusts in California

Sibling angry over my fathers assets

I am my fathers sole caretaker. He has a living revokable trust, but on attorneys advise to protect assets, the house has been put in my name. Both my parents wanted me to be able to continue living in my home (My mother recently passed away). I've lived here for 40 years. My father and I are really close and has chosen to make me his Durable Power of Attorney and changed most of his assets to me being his beneficiary so that I can pay for his medical costs that are accruing due to his failing health. I have a half sibling who is very upset with arrangements and wants me to pay her for a 1/4 of the house worth. This would be impossible for me to do financially. With my Dads health I'm going into debt, but making arrangements to pay for his medical costs through his IRAs (He has cancer and his IRAs most likely will not cover all his expenses, which means I will be taking on that debt. Is there anything I can do to protect myself from my half siblings anger? My father has made it quite clear what he wants, not only to me but my other siblings. Will this protect me and him in court if my half sibling decides to sue?


Asked on 9/16/07, 7:30 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Sibling angry over my fathers assets

I don't know what attorney advised you to have your father transfer the house into your name. This was a foolish and unnecessary mistake. It sets you up for serious adverse income tax consequences which were completely avoidable. Your stated situation is factually complex, and very much like that of an earlier question. Assuming you dad is till mentally competent and willing to deal with these issues, a lot can and should be done. Should he have to go into long term care, you can qualify him for MediCal and avoid taking on any of his debt. As to your sister, the best way to protect yourself from her anger is to have an attorney disinterested in the estate discuss these things with your dad, so that the attorney will be able to determine if your dad knows what he wants to do and is not under any undue influence or pressure from you, his primary care taker.

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Answered on 9/16/07, 8:16 pm


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