Legal Question in Real Estate Law in California

can my father leave me his house when dies even if he is on medical


Asked on 11/17/13, 9:23 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What do you mean by "on medical?" A person has the power to make a will or enter into a trust as long as the person is legally "competent," a term that refers to mental powers (reasoning, clear thinking, etc.).

Sometimes there is a different kind of problem besides competency. A person who is ill for a long time before passing away may incur debts to MediCal which the state will try to collect, and can do so in many cases by placing liens on the patient's real estate and other property.

Finally, you should consider and understand the laws relating to so-called "intestate succession." When someone dies without a will or trust, their property passes to their so-called "next of kin" according to laws that are set forth in the Probate Code. You can find discussions of the rules of intestate succession on the Internet. Basically, if your father is unmarried and you are an only child, you'd be his legal heir if he has no will or trust declaring otherwise. Of course, his debts have to be paid out of the inheritance.

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Answered on 11/18/13, 8:41 am


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