i live in los angeles, ca. I have lived with my parents in their house for 50 year. They have a will but not a living trust. The question has come up if they ever ended up in a nursing home or died, would the house go to probate or is the house mine.
3 Answers from Attorneys
There are several issues you raise in this situation. First, in California, the home you are speaking about would probably pass through probate since your parents have a will. That being said, the property would pass to whomever they named as beneficiary in the Will.
With regard to incapacity and long term care, your parents may need advance healthcare directives and powers of attorney for these types of situations.
Based on what you have stated, it would have to pass through probate. I do suggest you speak to a competent estate planning attorney as to what you need to protect them.
Please have your parents see an effective estate planning attorney. They can take many steps now to assist in the case of their incapacity or death that will avoid great complexity and expense. The facts as youu describe them would require a probate