QUESTION
Can I get conservatorship of my sister's estate?
Asked on Apr 09th, 2019 on Wills and Probate - California
More details to this question:
my sister passed away in CA. late February 2019 and her will stipulated her life partner is executor of her will and inherits the house. He was confined to a nursing home in Nov. 2018 with dementia so he can't be executor and the two alternatives named in the will declined (I asked) due to health conditions. They were/are both covered under MediCal. Their house is worth about $175,000, the land deed says it is owned jointly so I assume the house was too, the mortgage company refuses to confirm that. His niece is Healthcare POA but will not apply for POA or guardianship, she is content to let the house go into foreclosure. Is there a way that I can gain control to sell the house, and pay their outstanding bills or will the State of CA, take the money to pay his MediCal bills?
1 ANSWER
2 Awards
There is a danger in assuming. In most states a beneficiary under a Will can present it if the named executor does not act. But from your description you are not a beneficiary.
In every state Medicaid (in California called MediCal) is entitled to reimbursement.
From your description, you do not have the ability to pursue control of the property or to profit by doing so.
Answered on Apr 10th, 2019 at 5:14 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.