Legal Question in Wills and Trusts in California

My father died and had a free and clear house in Nevada he owned with my sister. He put up the down payment, paid most of the property taxes, (I paid the rest), paid for a 20 to $30,000 remodel, and refinanced his own home in California to pay off the Nevada home. My sister took all of the rental income for the last 6 to 10 years of his life, for which I was left to underwrite the last year of personal and medical expenses of my father to pay for from my own assets. Essentially, my father made the down payment of $10,000, the remodel cost of $20,000 to $30,000, and the payoff of the loan of approximately $50,000 or so, essentially all of the property taxes for 20 years, and my sister took 100% of the rental income derived from the property. She has now claimed 100% ownership in the Nevada house. Do I have recourse to the value of the down payment, remodel cost, the loan payoff, and what should have been my father's rental income on the Nevada house? Has the joint tenancy been defeated by his disproportionate contributions to the costs and expenses and her disproportionate usurpation of 100% of the rental income?


Asked on 12/10/18, 3:21 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

If the property was in joint tenancy, then your sister is now the owner. Whether you have a claim for reimbursement from your father's estate is a little trickier and I think you would need to go over the facts in even greater detail with a lawyer to determine the validity of the claim as well as the viability. First question is what is in the Estate to recover against? There is a time limit for pursuing claims against an Estate or against someone who has died, so consult with an attorney soon.

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Answered on 12/10/18, 3:57 pm


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