California | Wills and Trusts
Legal Question
if my elderly parents own their home but do not have a will when they die, will the surviving children be allowed to decide who can keep the home or will the courts decide? Also, what if the have a lien against their property for government medical insurance? My mother says that the home can't be siezed for liens or debts because of the homestead act.
Legal Answer
|
Read More Answered By: Larry L. Doan |
I believe that in the case of those who die intestate (without a will), the surviving issues (children) take equally. So, you and your siblings have to decide among yourselves what you want to do with the house. If you cannot, you'd have to ask the court to intervene. As far as the homestead exemption, it is $150,000 automatically if either one of your parents is 65 years or older. If there is equity in the house (after subtracting all other mortgages and encumbrances) more than that amount, then the government could get a court order to sell the house to execute on their lien. If less than that, no. If your parents had filed a declared homestead prior to the government recording its lien (which they might have done), then only a portion of the lien attached to the homestead, the amount more than the sum of all other mortgages and encumbrances plus the homestead exemption, at the time the lien was recorded.
Larry L. Doan, Esq.
https://www.lawguru.com/cgi/bbs/attyPages/liem.html
Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email.
|
Top Attorneys in CA
Libris Solutions - Dispute Resolution Services
Walnut Creek, CA
Questions Answered: 10403
Last Question Aswered on: 2012-05-23
Law Office of Robert F. Cohen
San Francisco, CA
Questions Answered: 6347
Last Question Aswered on: 2012-05-18
Law Offices of Georges H. Shers
Union City, CA
Questions Answered: 6114
Last Question Aswered on: 2012-05-15
Law Office of Anthony A. Roach
Tarzana, CA
Questions Answered: 5434
Last Question Aswered on: 2012-05-16
www.SelikLaw.com
San Diego And Las Vegas, CA
Questions Answered: 2000
Last Question Aswered on: 2012-05-18
Law Offices of Phillip C. Lemmons
Fountain Valley, CA
Questions Answered: 1776
Last Question Aswered on: 2009-04-15
Law Office Of Robert McCoy
Ontario, CA
Questions Answered: 1584
Last Question Aswered on: 2010-12-04
James E. Smith Ltd.
Las Vegas, NV
Questions Answered: 1454
Last Question Aswered on: 2012-04-23
The Law Office of Daniel Bakondi, APLC
San Francisco, CA
Questions Answered: 1146
Last Question Aswered on: 2012-01-03
Scott H. Linden, Esq.
Los Angeles, CA
Questions Answered: 1120
Last Question Aswered on: 2010-02-19
Search Questions and Answers


