Q: What happens to a home owned by two people after a medical incident?
My mother and my aunt own a home 50/50. My aunt recently had a stroke that has left her incapacitated and unable to make any sort of legal decisions on her own and she will be unable to provide input in the upcoming sale of the property. She did not have any sort of will. Is my mom still able to sell the property?
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A:
If your aunt is incapacitated and unable to make legal decisions, your mother may need to go through a legal process to sell the property without your aunt's consent. The process may vary depending on the specifics of the situation and California state laws, but typically, it involves obtaining legal guardianship or conservatorship over your aunt.
If your mother becomes your aunt's legal guardian or conservator, she may have the legal authority to make decisions on your aunt's behalf, including decisions about the sale of the property. However, the legal process can be complex and time-consuming, and it's advisable to seek the advice of an experienced attorney who can guide you through the process.
It's also worth noting that if your aunt passes away, her share of the property would be subject to California's laws of intestate succession. This means that her share of the property would be divided among her surviving relatives, which may include your mother and any other siblings or family members. Again, the specifics will depend on California state laws and the specific details of your family's situation.
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