Legal Question in Wills and Trusts in California

I have two properties under my name, one of the properties I am renting to my brother. He was unable to make the payments and was falling behind. The property was already on short sale. To my understanding I will be reliable of the difference ex. booght property at $360,000.00, sold property on short sale at $200,000.00 I will be responsible for $160,000.00 plus all behind payments. Is there a way that I can protect my other assets, meaning if I owe this money which I will be paying back I do not want a lien on my other properties. Please advise.


Asked on 4/23/10, 3:48 pm

1 Answer from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

In order to give a useful answer to your question, one would need to sit down with you and review the specifice of each of your assets. Under the facts outlined by you, you have to be very careful not to make a transfer that could be determined to be a transfer in fraud of creditors.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Read more
Answered on 4/28/10, 4:22 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California