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Rights to home & inheritance

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tg2001

Guest
My father just passed away. I have power of attorney for him. Prior to his passing, his home was put into my name as well as "non-resident co-owner." (It was a community for 55+ years citizens). He passed away and the community's standard procedure is that, upon one resident passing, the co-owner assumes full ownership. I now own 100% of the property and it is being sold. My question is... can outstanding creditors come in and take all of this or part or none? He had some credit card debt. However, 1/2 of the house was in my name, then all of it. Also... can creditors come after a life insurance policy? All of dad's assets were the policy and house and under $100,000.
 


dmode101

Member
Generally, creditors cannot come after joint tenancy property and life insurance that has a designated beneficiary. However, if your name was added shortly before death, it *may* be able to be attacked as a fraudulent transfer intended to avoid creditors. In any case, if the $100,000 you mentioned are assets held in your father's sole name, those will be available to satisfy creditor claims. If the $100k are sole name assets, you will need (and want) to open a probate estate to settle those claims and bar claims not properly filed within 6 months of opening probate.
 
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tg2001

Guest
What is considered "right before death"

Thank you for responding!!! I was given "co-ownership" of the property at least 6 months prior to his death. Dad was put into a sub-acute "home" permanently, and in order to sell the house, I had to take on the "co-owner" status according to the laws of the community. The house actually "sold" before he died and was in escrow when he died.
 

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