Tillem McNichol & Brown

The loan would likely be due upon her death unless you are a family member. Typically, transfers outside of the family will trigger loan "due on transfer" clauses. She should see an attorney to make a will. The reason is that if you qualify as a caregiver under the Probate Code, then any gift to you is presumed to be the result of undue influence and can thus be voided. A lawyer preparing your friend's will can sign a "Certificate of Independent Review" to eliminate the legal presumption of invalidity. Furthermore, in California, wills are not notarized. They are witnessed by two adults, neither of whom may inherit under the will.

We no longer have a litigation department and do not have a referral.

Call the office and make an appointment. David Brown is wonderful

Yes, we do handle Probate Matter in our office. Call our receptionist to schedule an appointment with David Brown or Rosie McNichol. 707-996-4505

Typically yes. Essentially the assets your mother owned upon her death are subject to the claims of her creditors, including her credit card lender. Having said that, you may be able to negotiate with the creditor to reduce the amount you have to pay.

You could create a trust on your own, but that's not necessarily a good idea - if, for example, you transfer your half of any jointly held assets into your trust, they may not pass to you if your husband were to die first. This could mean that you inherit less from him if he were to die before you. Given that men tend to die younger, your best bet may be to leave things as they are. However, that answer is speculative at best. You should meet with a trusts and estates attorney and bring all of your account statements, and his, and deeds to real property if you have them so that the attorney may give you a more reliable answer.