Announcement

Collapse
No announcement yet.

Estate Recovery California

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Estate Recovery California

    My mother recently passed away and we had Joint tenancy of our home, I am her only child she left nothing of value I took care of her for the past 22 years after my dad had passed, she battled depression and other health issues, My question is she was on medi-cal the last 22 years, I recently recieived a bill form the dept of health care for 60K.I do not have that kind of money, so do I need to sell the home to pay the debt, I thought joint tenancy meant I am now the rightful owner of the home which I reside in, do I also inherit her debt? any advice or direction is greatly appreciated

    Thank you
    Pam
    COLOR=Navy]Peterpam[/COLOR]

  • #2
    Originally posted by peterpam View Post
    My mother recently passed away and we had Joint tenancy of our home, I am her only child she left nothing of value I took care of her for the past 22 years after my dad had passed, she battled depression and other health issues, My question is she was on medi-cal the last 22 years, I recently recieived a bill form the dept of health care for 60K.I do not have that kind of money, so do I need to sell the home to pay the debt, I thought joint tenancy meant I am now the rightful owner of the home which I reside in, do I also inherit her debt? any advice or direction is greatly appreciated

    Thank you
    Pam
    In jt. tenancy, her share of the house passes to you. Also, children are not responsible for a parent's medical bills/debts unless they signed something indicating they would be.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Originally posted by Betty3 View Post
      In jt. tenancy, her share of the house passes to you. Also, children are not responsible for a parent's medical bills/debts unless they signed something indicating they would be.


      there is no will because there is nothing left of value so they cannot make me sell the home?
      COLOR=Navy]Peterpam[/COLOR]

      Comment


      • #4
        That's correct. You can send the bill back indicating deceased, no estate - left nothing of value.
        Last edited by Betty3; 03-09-2010, 07:41 AM.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Just going to throw something out there since not all of what Betty3 is saying is absolutely correct.

          There are exceptions to what Betty3 said. One such exception is the "crime/fraud" exception. If, say, your mom, knowing that she would have massive medical debt, put her house in joint tenancy with you, then it may be possible that creditors can say she defrauded them.

          Also, children (or any third party) can be liable for a deceased person's debts if they accept property via a 13100 Affidavit (i.e. small estate affidavit), however only up to the value of property received via same. The 13100 Affidavit is different from receiving as a surviving joint tenant, however.

          Just being more precise.
          Website: www.jeterprobatelaw.com

          Comment


          • #6
            I doubt those exceptions apply in this case.

            We can't assume fraud when there is no reason to. It's like (which is done many times) telling a poster that life ins. proceeds pass outside the estate & go to the bene to do with as they wish. It's not added but if the policy was obtained by fraud, then the proceeds could end up in the insured's estate (when there is no reason to assume/expect fraud.)

            Re small estate - that is estate property & estate property/assets/income can be used to pay debts of deceased. However, children are not responsible for their parents' debts by using their "own" money to pay them. If there is no estate or not enough money in the estate to pay the debts, the creditors are out of luck.
            Last edited by Betty3; 03-26-2010, 04:20 PM. Reason: add info
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

            Working...
            X