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My sister is dying, what happens to her house?


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2010 Dec 10, 4:21am   2,837 views  9 comments

by PasadenaNative   ➕follow (0)   💰tip   ignore  

My sis was recently diagnosed with stage IV pancreatic cancer and she is in bad shape. She does not have a Will or a Living Trust, we are trying to get that set up for her but may not be able to in time. She is on heavy doses of morphine, etc. and isn't lucid all of the time. She has no children, just my brother and I and her boyfriend who is caring for her. What will happen to her home? I don't think it's worth much, she got it in 2000 for $67,000.00, I think she did FHA and Wells Fargo supposedly has the note. Any advice would be great, we are trying to do as much as we can. She lives in Apple Valley, CA.
Thanks!

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1   FortWayne   2010 Dec 10, 4:31am  

I'm sorry to hear about your tragedy. Spend as much time with her as you can, she won't be there forever. I had family members die too, and every time I had regrets of not spending enough time with them.

As far as house, I believe it will be a probate property between you and your brother. Here is an faq.
http://www.scselfservice.org/probate/prop/frequentlyaskedquestions2.htm
You can also Google "CA probate law".

2   PasadenaNative   2010 Dec 10, 4:48am  

Thank you, Chris, I will read the info. on the link you posted. I know her net worth has got to be under 100K, so it may not be probated. We just lost our mom in Oct. so we are stunned at my sister's illness. Life is so unpredictable.

3   bubblesitter   2010 Dec 10, 6:31am  

May you get the strength to pull through your tough times. God bless u.

4   PasadenaNative   2010 Dec 10, 7:13am  

Thank you Bubblesitter, I sure need it right now!

5   Liz Pendens   2010 Dec 10, 10:12am  

PN:

By chance can you afford to speak to an estate attorney asap: perhaps even have the attorney go to your sister if she can not make the trip. It may be invaluable to your sister for any planning she may wish to do, and for you when unfortunately things must be sorted out later. If you can not, perhaps Legal Aid can at least give you some timely advice and guidance.

If you call and explain the situation, I am sure at least one or two will try to accommodate the circumstances as best everyone can. Best of luck and I'm so very sorry to hear about this. My best wishes to you and your family.

6   Menya   2010 Dec 10, 1:28pm  

I am sorry to hear. Please ask to speak to an estate attorney asap. There is a boyfriend in the picture, so you never know how the decision will be made.

7   PasadenaNative   2010 Dec 11, 12:34am  

She has spoken on the phone to an excellent estate atty my brother knows. I think she is leaning towards leaving her estate to her "friend." He is her ex husband and best friend. He is the one in the trenches caring for her and we adore him, he is a good guy. I think she is being stubborn and in denial about her illness so she not committing to anything. We don't want her house or her money, we want her to decide where it should go....

8   elliemae   2010 Dec 15, 9:51am  

If she's in pain she needs hospice. if she doesn' t have health insurance, call around and one will take her on anyway.

My cousin died, said she had a will but her mentally ill (greedy) boyfriend was able to discard it. She was worth quite a chunk of change. He cared for her and so I figure it's a wash - but I wish he had kept some of her personal items for the family.

9   PasadenaNative   2010 Dec 15, 11:14pm  

Yes, she has insurance, Kaiser, and she's in the hospital right now. I think the end is pretty near. She will most likely be released to hospice care. She is comfortable and on morphine. We won't be able to do a Trust but we have spoken to an atty. In CA if you die "in testate," everything technically freezes for 3 or 4 months before probate. We will just have to deal with it then. Her friend who's caring for her is staying with her at the hospital day and night, but I don't think he wants her house after all, too many memories. He will probably move up to Barstow where his family is. The home will go to my brother and I and neither of us want it either. I guess we will find out our options when the time comes, but right now we need to focus on my sis's remaining time on this planet
Thank you all for the comments.

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