Legal Question in Wills and Trusts in California

Suit over step fathers debt.
My mom remarried a few years ago. They never mixed their assets. Bank accounts, credit cards and his house all kept in their own names. Shortly after they were married she was diagnosed with Alzhiemer's. Shortly before their 5th wedding anniversary she came to live with me because her husband couldn't take care of her. While they were together she and her husband supported his son and daughter-in-law, who live on the same property. They are in their 40's and bums. Her husband owns the house which is in a family trust for his grand daughter and he is the trustee. There is a mortgage on the house. They took out a second on it after my mom moved out. Now that my mom's husband is dying they are threatening to come after me, since my mom has no money because they spent it all, for help in paying the mortgages and some of my moms husbands credit cards. Which her name was never on. Do they have any grounds to stand on? Also is my mom paid out of her account the property taxes, utitilites, some house payments does she have any claim to part of the house? I would like to have something to throw back at them if they file a suit against me.

Asked on 6/14/08, 12:38 am

2 Answers from Attorneys

Jeb Burton The Burton Law Firm

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Re: Suit over step fathers debt.

Based on your presentation of the facts, I see no way they could succeed in suing you directly. If your Mother has assets and was a joint debtor on the house (or something similar)... they might be able to go after her assets. There is also a chance that if you received all of your Mother's assets somehow (especially in what would be considered a "fraudulent transaction"), that they could seek to recover part of those assets. However, if your Mother has no assets, did not give you vast quantities of assets, and you did not personally agree to pay for any debts... I can't see a likely scenario that they could succeed in a lawsuit to recover from you.

Answered on 6/16/08, 12:42 pm

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