Legal Question in Wills and Trusts in California

Joint Tenancy 2 fatalities survivor not at fault-kids get$?

There are several aspects of case: My husband was hit head on by

elder couple. Man driving died, wife survived 31 hours then died.

House was in joint tenancy and we are being told that there is NO

claim against the estate-since the property went to her before she

died. Then to their children. Is this true? My husband suffered 2

months in the hospital and was broken head to toe. He walks with

cane and has no movement or feeling in one foot. Their insurance

is only $100,000 and he was placed on medical to cover costs.

Half will go to Medical, part to attorney and nada left for him. Can

we sue insurance company for more money? We have also been

told that there is nothing to do to change medical taking their half,

true? It just seems that this man should be held responsible for his

debts before it would go to wife?! Is there any entitlement to

anything? Any suggestions? Any loopholes to try to research with

regard to anything? How can this family get away with this? The

elder couples children stand to receive EVERYTHING! Many

thanks fro any advice, help or suggestions. Thanks.


Asked on 12/17/03, 10:26 pm

1 Answer from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Joint Tenancy 2 fatalities survivor not at fault-kids get$?

You have very interesting situation. After both of these people pass away the house officially would be in the name of the wife. But that point, unless there is a better by those trust the property would have to be probated to be transferred. A claim can be made in the probate. Some investigation has to be made as to what the status of that residents is in the status of any potential probate or trust situation. Even in a trust situation it seems to me what you can make a claim on the heirs. The problem isn't there is $100,000 in insurance. You cannot go after the insurance company for more damages is that is the limit that they have insurered in this kind of situation. Get an attorney who is experienced and estate planning immediately. The other problem is what is the status of the personal injury action. How long as a man, has sued been filed, as a judgment been rendered, no one to other questions without answers to that your question is valid but cannot be answered, at least by me. i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/18/03, 12:19 pm


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