Legal Question in Wills and Trusts in California

death of single parent, estate
My mother passed away five years ago, my father is still living and has a new fiancee. I am one of three children from his first and only marriage. None of us get along with his fiancee, and have a strained but still decent relationship with my father. Is it possible that upon my father's death that my dad's fiancee (soon to be wife) would have entire control of his estate? As far as I know all houses/property were originally in deed with both my parents names, and my dad's current will has his children named as inheritants.

Asked on 2/28/08, 7:16 pm

3 Answers from Attorneys

Jeb Burton The Burton Law Firm

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Re: death of single parent, estate

Sure, this is purely your Father's decision. If your Mom left all her property to him, it's his. If he decides to change his will/trust to leave everything to his new wife... that's his perogative. Inheritance is not inheritance until you actually inherit it.

Answered on 2/29/08, 11:34 am

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Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

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Re: death of single parent, estate

you need to address your parents estates separately. if your mother left her estate to your father, then it is his. he is not required to give it to anyone specifically.

Answered on 3/02/08, 10:31 pm

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