Legal Question in Wills and Trusts in California
Division of Property
My mother is living in a home owned by my father who died 9 years ago. She is currently living with a boyfriend of 8 years in this home. If my mother has a living trust in place leaving the home to her children, can her boyfriend claim that he has legal rights to the property if she passes away?
3 Answers from Attorneys
Re: Division of Property
It would depend on the circumstances surrounding a possible trust and/or will. I could talk with you about this in further detail if you wish, but cannot at this time tell you the answer you want without more sufficient information.
Re: Division of Property
If the living trust is legally valid and enforceable, then the terms of the trust would dictate property disposition according to those terms. Your best option here would be to retain an attorney to review BOTH the living trust instrument at issue AND your concerns as they relate to the trust and property. If you would like prompt, affordable legal assistance in this matter, contact us directly for a free phone consultation.
Re: Division of Property
If they're unmarried and the property is fully paid off, it would be difficult for him to claim an interest. However, as the other attorneys indicated, it is hard to say definitively without additional information.
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