Legal Question in Wills and Trusts in California
Claim against an estate by a girl friend
My 76 year old father is a widower, rather well off. My sister and I are the only inheritors of his estate. He is enamoured with a 44 year old woman who is now living with him, ''helping'' take care of him. He is mentally clear, physically active but unhappily termanily ill. My sister and I fear that upon his demise she will sue the estate for money stating that she cared for him during his remaining days and is due some compensation for this. As far as we know he has not altered his will or living trust. He has made no promises to her we know of. Does she have any claim, how can we protect ourselves? Finally, there is no way he would make her sign any documents foregoing any financial claim, he says he ''trusts her and she is a good person''. Thanks you.
1 Answer from Attorneys
Re: Claim against an estate by a girl friend
She may have a claim for services rendered, but this would be difficult to prove unless there was a promise or contract to pay/compensate her for the services.
More likely is that she will ask for a share of the estate, or to be named beneficiary of contracts like life insurance or annuities. Or, if they marry, she may be entitled to an intestate share of the estate if he does not update his estate plan after the marriage or in anticipation of the marriage.
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