Father in coma, stroke. 18 year old daughter.

tiffydeary · #1 (**permalink**) 03-20-2010, 01:55 AM

I really need help. I've been trying to contact and attorney but so many won't even bother with you unless you're willing to hire them. Let me give you some details.

My father is in some major dept, and I don't even understand how he let himself fall in this hole.
He's divorced, and for me, his 18 year old daughter, is living with his ex-wife (mom).
He's in a coma now, doctors said he won't be waking up, but his family refuses to let him go. He'll be transfered to a nursery on bed rest soon.
Getting EDD ? Applying right now.
Fully covered private insurance (Kaiser)
Shares a house with my mom (they bought it when they were married) under his name and my mothers.
Owns two cars, but both of those cars he doesn't drive. One is given to me, but under his name. One is given to my uncle, but under his name.
Own a cleaners, under his name. But all money goes to a bank under mom/dad. But thats only because he pays child support and supports my mom/me and my brother. Well now just my mom and little brother since I'm 18.
[8] LASTLY, he owes creditcard companies at least 50,000. And he owes a personal loan of 10,000 (not sure if its legit just a typed up piece of paper of an IOU with interests plus signatures)

I honestly need help.. I don't know how to deal with this. Will they go after my mom's house? Even if there is already a loan on it for 200,000 dollars?! Renters are paying 1,500 a month to cover the monthly bill. Will they take our way of transportation that's under his name? His business that currently is our last source of income?

My mom did ask for help from some attorney and they said since he's unconscious they can't take anything away. But I'm talking to others and they say if its under his name they have the right.

Does anybody have an attorney for free consolation ? Thank you for your time.

sapphirecapital · #2 (**permalink**) 03-20-2010, 02:31 AM

typical, now is there any patient directive for healthcare? any one appointed to make decisions? If not you may have to sue and ask to be appointed. Now for the cars, when you name is on the title as owner when he is dead you and your uncle are fine, if not there will be trouble, probable you loose it. If there is no will or trust etc everything will be taken care of through the court, the judge will put everything into the hands of a trustee and he make an inventory, sell what he can and pay of debt. You can petition to be identified as trustee (go to the local court and look for the legal aid people, you can petition the court direct, bring proof etc that you are the daughter. You are the prime relative. In such case make sure to keep everything separate from your finances and pay a customary fee for the use of the car, to avoid lawsuits from the other relatives. Till he is dead you can run the business and pay bills etc or can appoint someone to assist.
Its going to be a bitch and a life experience, don't go it alone there is legal aid and they have lawyers who work pro-bono, not the best but you could get lucky.

tiffydeary · #3 (**permalink**) 03-20-2010, 02:54 AM

Quote:

Originally Posted by sapphirecapital

typical, now is there any patient directive for healthcare? any one appointed to make decisions? If not you may have to sue and ask to be appointed. Now for the cars, when you name is on the title as owner when he is dead you and your uncle are fine, if not there will be trouble, probable you loose it. If there is no will or trust etc everything will be taken care of through the court, the judge will put everything into the hands of a trustee and he make an inventory, sell what he can and pay of debt. You can petition to be identified as trustee (go to the local court and look for the legal aid people, you can petition the court direct, bring proof etc that you are the daughter. You are the prime relative. In such case make sure to keep everything separate from your finances and pay a customary fee for the use of the car, to avoid lawsuits from the other relatives. Till he is dead you can run the business and pay bills etc or can appoint someone to assist.
Its going to be a bitch and a life experience, don't go it alone there is legal aid and they have lawyers who work pro-bono, not the best but you could get lucky.

Well, everything medical wise, who signs the papers and such, is all me. My uncle, doesn't fully understand English, so I usually translate, but we both make a decision and I sign the papers.

Thank you so much for your help, you indeed helped me on a large fraction. I think I'll go to the local court as soon as possible to get that taken care of. I have social workers from my medical side helping me look for a pro-bono. I have medical issues as well, but they're somewhat stable and an amazing medical team helping me with this since my mom isn't very literate when it comes to finance and dept.

Would you know anything about the house which is under my dad and mom's name though?

sapphirecapital · #4 (**permalink**) 03-20-2010, 06:24 AM

you may have to go back to the divorce documents, since CA is a community property state, the bank can foreclose when the loan is not serviced (paid), I would not rock the boat if there is nothing in the divorce papers, if however there is a rule that she gets the house, you could try to sign everything over to your mom, get a copy of the title, the divorce papers and the loan agreement, find someone who is in the real estate business and have it all explained to you and go to the legal aid people. (Legal Aid Society of Orange County, CA & Community Legal Services)