Legal Question in Wills and Trusts in California

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?

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

2 Answers from Attorneys

John Palley Meissner, Joseph & Palley, Inc.

The conservatorship of the person AND the estate should be filed in his county of residence. I would argue that's where your home is rather than the nursing home. That is, I would consider the nursing home a temporary place of living. I do not believe probate code 3012 would help you. I believe you need the conservatorship. You can get a temporary conservatorship which would allow you to sell the house. I encourage you to find an EXPERIENCED conservatorship lawyer ASAP as it sounds like you are doing this yourself. One of my associates, Jennifer Rouse, is very experienced and works in most counties in California. Her website is:

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Answered on 6/24/13, 7:40 am

Victor Waid Law Office of Victor Waid

Jennifer Rouse is excellent at conservatorship representatrion. I have referred cases to her and worked with her on conservatorship matters by court appointment and by private representation.

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Answered on 6/24/13, 12:32 pm

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