QUESTION
What happens to the house, debt and disabled person if there is no living trust or will and parent was guardian of a disabled person?
Asked on May 06th, 2014 on Estate Planning - California
5 ANSWERS
Someone will have to be appointed administrator of the estate to deal with the house and debt. Someone will also have to be appointed to be the guardian/conservator of the disabled person. You should consult a probate attorney who is also familiar with conservatorships.
Answered on May 07th, 2014 at 6:02 PM
Edwin K. Niles
Three answers: 1. House and any other assets will go the closest relative. 2. Creditors will have a short period of time within which to file claims once probate is opened. Of course if we are talking mortgage, that will have to be paid unless you want to lose the property through foreclosure. 3. I suppose that a new guardian will have to be appointed. Please see a probate lawyer ASAP.
Answered on May 07th, 2014 at 3:44 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to obtain the assistance of probate legal counsel to probate the matter to take care of the matters you raise in your question.
Answered on May 06th, 2014 at 8:16 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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House and debt will go through probate administration and pass to next of kin. Disabled child will need a new guardian. If an adult, then a new conservator.
Answered on May 06th, 2014 at 7:36 PM
2 Awards
A new guardian and estate administrator will need to be named. See an attorney.
Answered on May 06th, 2014 at 7:13 PM