Legal Question in Wills and Trusts in California
Disinherited by father's marriage?
My elderly father has a significant amount of land in California and is getting married to wife #2. I am child of wife #1, along with 1 other estranged child. All of the land was acquired before impending marriage, but fear is that because of lack of estate planning or up-to-date will on his part, all land will pass to new wife and then on to her adult children. I have a copy of an ''abridged,'' non-specific trust that he created as a single man where I am the trustee, but no evidence of a will. If he gets married, dies the day after, where exactly do I stand? And if second child is estranged, but with no legal indication of his intent to disinherit, how is the estate split? Who is responsible for the estate taxes?
2 Answers from Attorneys
Re: Disinherited by father's marriage?
the trust agreement must be reviewed (and facts concerning the title of assets obtained) before your questions can be answered specifically. you should consult an attorney.
Re: Disinherited by father's marriage?
You are not automatically disinhereted because he remarries. There are Probate code sections if he does not have a will. (Not quite sure if he has one of those also.)
Of course, as he is still alive, there is no reason that he can not completely change his will and/or trust at any time. (Unless the first one was irrevocable.)
Feel free to contact me directly with additional details.
Scott
No-Probate.com
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