California  |  Wills and Trusts

Legal Question

Asked on: 6/17/13, 11:42 pm

My married mother owned her home alone after Dad signed a quit claim when they were separated years ago. She set up a revocable trust 10 years ago leaving a life estate for Dad upon her death. She just passed away, so now we have an irrevocable trust. Can my Dad get a line of credit to do necessary repairs to the property as she left no cash to him nor does he have any of his own for these repairs. His income would support the modest payments and he can cover the regular expenses, just not the major repairs that are needed. Banks are telling us they cannot loan anything to him as he does not really "own" the property (and yes, we told them he has a life estate), and they don't loan on homes owned in irrevocable trusts. My sister, the successor trustee, refuses to apply in her own name, and I can't say that I blame her. Ideas?

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