QUESTION
Is there anything I can do if my dad decides to not take any actions and is there anything I can do now to prepare?
Asked on Dec 04th, 2016 on Estate Planning - California
More details to this question:
I live in my childhood home. My mom passed in 2008. I’ve lived by myself here since 2009. It is now 2017. My dad wants nothing to do with it anymore so I’ve been paying everything including the mortgage utilities, the upkeep and everything. What process will I have to go through to keep the house and continue living here? I have two siblings. One is in jail and the other on the streets and into drugs. My dad has no will. I have the deed which is under my mom and dad’s name.
2 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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A lot depends on whether your parents were married when she died. If so, in California your dad can pursue a Spousal Property Petition to get the property in his name if it was Community Property. After that he can, by present transfer or by Will or Trust (after transferring the property into the trust), leave it to whomever he decides. Failing that, you end up as an equal owner with your siblings that either survive your father or leave surviving issue.
Answered on Jan 31st, 2017 at 6:14 AM
Edwin K. Niles
First, Dad needs to record an affidavit re death of joint tenant, to get title in his name alone. Then, he can sign a deed to you, if he chooses to do so. However, it is better to inherit, rather than take title by deed, for tax reasons. Dad should get a trust, or at a minimum a will.
Answered on Jan 26th, 2017 at 4:54 PM