California  |  Wills and Trusts

Legal Question

Asked on: 6/23/13, 7:22 pm

My husband has been diagnosed with an aggressive form of dementia. He is living in a nursing facility in another County and due to medical bills and costs incurred driving to/from the facility I can no longer afford the mortgage on our home. I am trying to sell our home in a short sale before the bank forecloses on the property. I have submitted a petition to the court in the county where our assets are located and have several months before the courts grant my petition for conservatorship. Does Penal code 3012 give me the right to sell our home without conservatorship or is this process necessary to sell our home in the state of California? Also, was I correct filing the petition where our assets are located or will I need to file in the county where his nursing facility is located?

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