Legal Question in Wills and Trusts in California

Suit over step fathers debts.
My mom remarried a few years ago. They live on the same property (duplex type house) as his son and daughter-in-law whom they support fully. They are bums. My mom was diagnosed with Alzhiemers. Shortly before their 5th anniversary she came to live with me because he couldn't take care of her. They never mixed the assest. Everything stayed in their own names. Now he is dying and his son said he wasn't going to be left with the mortgages, one that was out after my mom moved out and his dads credit card bills. Since my mom has no money they say they say they will come after me. The house is in a trust for his son's daughter - his grand daughter who is 8. Do they have a case? And since my mom paid the property taxes, utilities, income taxes and more does she have any claim to part of the house? I would like to have something to throw back at them if they try to come after me.

Asked on 6/14/08, 12:55 am

2 Answers from Attorneys

Frankie Woo Fiducia Legal

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Re: Suit over step fathers debts.

This is not a simple situation. You will need to talk to a family lawyer about the division of debt after separation, if this is considered a separation. Legal separation is probably required. It also depends on whether the debt was incurred for necessity of life or not. Generally, spouse still owes debt on necessity of life debt. Anyways, talk to a family lawyer.

However, they can't come after you, since you have no obligation to pay your mother's debts.

Answered on 6/14/08, 12:31 pm

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