Legal Question in Wills and Trusts in California
Enforceability of Agreements to Will Property
Decedent purchased property with her spouse and agreement was signed agreeing to purchase property and to hold title in community property and that Decedent would will her community property interest to spouse's son. Subsequent agreements were entered into after spouse's death between spouse's son and decedent regarding the property, maintaing the provision that decedent would will her community property interest to spouse's son. Spouse's estate was never fully probated and title to the property remains in the names of spouse and decedant as community property. Decedent willed her community property interest to third party -- not spouse's son. Agreements were apparently entered into so that decedent could live in the house (property) until her death. Which document or document takes precedence, the will or the agreements? No other wills, trusts or deeds were executed. Wouldn't spouse's son have breach of contract action against estate? Does probate code section 150 apply here? Thanks. I hope I wasn't too wordy!!
2 Answers from Attorneys
Broken promise in Will
Son has a breach of contract claim. This should probably be asserted in the Probate Court, initially by filing a Creditor's Claim and then following up promptly if/when the Executor rejects the claim.
Broken promise means claim against probate estate
The son very likely has a claim against decedent's probate estate, which should be filed right away, as the period for making claims in probate is limited (up to four months after the executor/administrator is appointed).
The son, or his guardian, if applicable, should talk with an attorney as soon as possible, and the attorney should be comfortable with contested probate matters.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
