Legal Question in Wills and Trusts in California
Thank you in advance for your help. My husband and I were separated while he passed away last month. His daughter from a previous relationship was named as Executor of his will that he made in 2010 however recently I found out that even though he had a Will, his daughter had him sign everything over to her 3 days before his death. Due to him, I believe from the Brain Tumor, having diminished capacity, is this legal? She had a Notary Public come to the house right before he went into Hospice. She now is trying to get my car to sell since it was in my husbands name but I have a settlement agreement that was notarized and he was supposed to put it in my name but never did. She now says that she owns everything since he signed over ownership to her 3 days before his death.of all of his possessions but can she legally take something from me even if I have a notarized statement from my husband? We also have a son from our marriage too. What is my best bet?
3 Answers from Attorneys
If he signed the car over during what is known as a "lucid interval" or period of time he was in possession of his faculties, it was a valid transfer. It will be up to a judge to decide and the Notary will be called as a witness- you may want to talk to him or her to see their impressions of your husband's state of mind at the time he signed.
You need to consult with an attorney to review the documents and the specific facts of your case. Your estranged husband cannot give away your interest in community property. The will may or may not be valid.
you need to retain a qualified attorney to review the facts and assist you with protecting you interest in community property and filing a petition with the superior court if necessary.
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