Legal Question in Wills and Trusts in California
Beneficiary
My husband is dying in the hospital. I have been told by his niece that she has been signed as his executor of his estate and the beneficiary to his banking accounts and any other monies he have. We have a son and although we do not live in the same home, we are still married. Can he/they legally cut me out of everything? What rights do I have to fight his family? Is anyone legally responsible to pay for burial? Can his family sell items in his house? Who makes his medical decision, I'm listed as his emergency contact at the hospital. But the family goes when they want to and make decisions for him. When I talk to my husband he tells me something totally different, but his family says they have legal documents that were witnessed by his social worker, etc. Please give me some advice.
1 Answer from Attorneys
Re: Beneficiary
Don't walk, run to a probate litigation attorney. You may want to consider placing your husband under a conservatorship. If he doesn't know what he is doing, or is signing stuff he doesn't remember, you may be able to void it. But his process is significantly easier if done while he is alive.
As for his estate, it depends. There is a serious risk that you would lose any asset in joint tenancy with a third party (this could include a house or bank accounts). For any asset that is part of his probate estate, you should be able to exercise what is known as a "forced share". Your problems are complex and you need to see an attorney as soon as possible.
Best of luck.
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