Legal Question in Wills and Trusts in California
5 month wife is a nightmare
my parents got divorced after 49 yrs of marriage, the divorce went through but the property was never settled. my father re married, and 5 months later dies. now his new wife is getting everything. this can not be legal. i have an iou signed by my mother and father, giving me his life insurance money, as payment for the 60,000.00 plus i've given him in the past 3 years, isn't that any good ?
They claim my fathers last will is invalid too. i don't understand. The post office has also stopped my mothers survior annuity payments because she is not the current spouse. what is she suppose to live on 450.00 a month from social security ? sobody please help.
2 Answers from Attorneys
Re: 5 month wife is a nightmare
you should seek legal representation asap. if the will was deemed invalid, you be able to recover your share under a theory known as intestate succession. however, you may have a cause of action under the iou as well. but i would need to see the paperwork you have as well as hear more facts.
Re: 5 month wife is a nightmare
You need a lawyer, and quickly. At the very least, you need to put in an estate claim for the IOU. You may also need to prove the last will, and if there's no will, the children are entitled to at least a portion of their father's separate property (property he brought to the marriage). Exceptions to this would be gifts he made to his new wife, or a will or trust leaving assets to the new wife.
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