Legal Question in Wills and Trusts in Australia
Will - rights of descendants when a parent remarries
My mother died 5 years ago, my father remarried 4 years ago.They have been living separately until now due to the strains placed on the respective families. My father's wife now wants to move into our home. What are the legal implications with respect to entitlements to the property should my father die?.
3 Answers from Attorneys
Re: Will - rights of descendants when a parent remarries
it depends on what your father's will or estate plan says. whether the wife lives with you or not is not a factor.
Re: Will - rights of descendants when a parent remarries
If there is no will, she would be entitled to 1/3 to 1/2 of the seperate property of your father. The percentage depends on how many children are involved.
On the other hand, he can make a will, and give it all or none to her. California is a community property state, and anything that is community property would automatically be 1/2 hers, and then she would receive 1/3 to 1/2 of his half, again in the event there is no will.
Re: Will - rights of descendants when a parent remarries
If the house is paid for free and clear the new wife will not acquire a community property interest in it. Without some thing like your Dad changing title, or making a Will. If the house isn't paid for she will acquire a community property interest in the house. After your Father's death she can assert a spousal ________ (can't recall what it's called). She gets to reside in the house for a period after your Fathers death.
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