Legal Question in Wills and Trusts in California

My wife wants to will a home (her home, before we were married) to her two adult sons, to hold jointly.

However, one son has back child support pending and to my knowledge, makes all his money in construction "under the table", so he hasn't paid income taxes in a long time.

Can he be on the title? Would any government acency look at this and possibly seize the property for child support or back taxes?


Asked on 4/18/10, 4:39 pm

1 Answer from Attorneys
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The easiest way to deal with these type of situations is to put the house into a trust with a strong spendthrift clause and absolute discretion in the trustee to make, or not make, distributions to the two brothers. Until a distribution was actually made to the brother with financial problems it should be protected from creditors. There are many other issues, however, to consider and we would be glad to speak with you further.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 4/23/10, 5:43 pm


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