Legal Question in Wills and Trusts in California

My mother has been on government assistance for decades in CA. My grandfather passed away leaving 5 beneficiaries to his assets (property which she's a tenant on). The trustee wishes to sell the property and divide it amongst the beneficiaries. Will my mother's percentage be "confiscated" by the State? Can she transfer any /all monies received from the sale to me and used to purchase her a house?

Asked on 5/03/13, 1:14 pm

2 Answers from Attorneys

Victor Waid Law Office of Victor Waid

There is a couple of ways to solve the problem, so she doesn't get tagged with medicare/medical claims as to any property interest she may or may not be entitled to receive.

If she is less than 65 yrs in age, she may be able to have a special needs trust created for her to receive any benefits. The other way, is she could disclaim any interest she may be entitled to receive by will or inheritance. You are strongly advised to obtain the assistance of a probate lawyer that has knowledge of these procedures I have suggested.

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Answered on 5/03/13, 1:37 pm

Julie Mains Mains Law Office

Mr. Waid is correct. You stated she is tenant on the property? I'm not sure if it is a typo. Check the trust for what would happen if she predeceased him. Does her share pass per stirpes or per capita? Depending, the beneficiaries could agree to an assignment to you. You probably should hire a Trust Admin/Probate attorney to advise you after looking at the document.

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Answered on 5/04/13, 6:36 am

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