Legal Question in Wills and Trusts in California

My mom past away 16 months ago , I was her care taker and I lived with her. Her will had a check list for me to follow and I did. All was left to me. I have since payed the motgage monthly and the condo fees . I really don't know what my next move would be ? I have been living on money saved up to this point. No job at this time. (My mother and I had a joint account)

IM just not sure what my next move should be ? There is money to pay the condo off which would allow me to live that much longer rather then paying the motgage as I am now with all the interest. I also realize the loan was not mine and was my mothers. I just don't know what else to do up to this point ? As I said , all legal matters up to this point have and had been taken care off. Any advise would be appreciated. Thank you very much. Jim


Asked on 12/01/09, 8:18 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You might continue to make payments, sell the property, or pay it off, depending on what you want to do. If you pay it off, however, you might deplete the assets and not have enough for yourself. You also might negotiate with the lender to reduce the payment as property values have decreased. As you weren't on title to the condo, though, you might have to seek a court's appointment as her executor to deal with the real property if you want to change title in any way. If she had set up a trust, then you would not need court intervention to deal with the real property.

Also, you didn't say whether you have brothers and sisters. That plays a key role in what you should do.

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Answered on 12/06/09, 9:42 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Unless your name is on all of your mother's assets as a joint tenant with rights of survivorship, you will have to go to Court to "probate" her will. As part of the probate process you could seek appointment as the executor of your mother's estate so that you would have the authority to deal with your mother's assets. Although you can probably keep paying the mortgage out of the joint account without anyone complaining, you will not be able to sell the condo or even negotiate with the lender.

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Answered on 12/07/09, 12:12 pm


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