Legal Question in Wills and Trusts in California
Does my sis. owe my bro 10K?
My bro. paid to have work done on my mother's home for $10K. My mother was to pay my bro. back through a refi., but she died. He wants my sis. to pay him back as she has lived and continues to live in the same home. My sis. does not feel she owes because she took care of mom while she was dieing and has a ''Life Estate in Fee'' for the home as stated in the Will. It's understood that my sis. is to put money in the house until she passes, and at that time, the house would be passed on to other siblings & can be sold for profit. She feels that his money is an investment. Does my bro. have case?
1 Answer from Attorneys
Re: Does my sis. owe my bro 10K?
Maybe. If the debt can be proved, specifically that your mom promised to pay back the $10,000, then it is a debt of the estate that must be paid before any assets are distributed to heirs. If not, and he cannot rely on his mom's oral promise because of the dead man's statute, then he may be able to perfect a lien and recover when the house is sold.
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