Community Property and Probate

Dear Len & Rosie,

My wife and I owned our home, a condominium, as joint tenants. When she learned she had terminal cancer she recorded a deed for her half of the property, giving it to herself. She also made a will leaving her estate to her two children and our son. My wife died three years ago, but nobody has filed for probate. Can I make a deal with my son and step-children without going through probate?

Jon

 

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Written by Len Tillem On Tagged , , ,

Medi-Cal

Dear Len & Rosie,

I am writing because I have received a questionnaire from Medi-Cal regarding a trust. I am the trustee. The only asset of the trust is my mother’s home which was transferred into the trust in 2008 via a quitclaim deed. Can Medi-Cal force me to sell the home and claim the equity in the home?  My mother was not on Medi-Cal at for at least the past year, maybe longer.  There is a reverse mortgage on the home which I am hoping to procure funds to payoff to keep the home in the trust and to build trust assets. Please advise.

Lisa
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Written by Len Tillem On Tagged ,