Legal Question in Wills and Trusts in California
What I'm I entitled to?
My husband and I have been seperated for about 2 years now, but not legally.My husband borrowed 25,000 dollars from my father 6 years ago,with the agrement that he would immediately start paying the money back in installments of 350.00 dollars a month for the next 10 years. My father has received 5 of those payments thus far.With all do respect my husband's father passed away 2 days ago,his mother is still alive along with one sole sibling. He's parents were very well off so I'm sure he has inherited money and other items. What am I entittled to? What can I do to be sure he doesnt hide or try to change anything on the will? I was close to his father and I beleive he may of left me something.Im also afraid that he will try and lie about anything he gets because he doesnt want to pay my dad anything!
2 Answers from Attorneys
Re: What I'm I entitled to?
Separated or not, you would not be entitled to any of your husband's inheritance unless you are mentioned as a beneficiary in the will. As you write, that may be possible. If so, you should receive notice of the probate of the will. Also, the will itself should be filed with the county court within 30 days of his death.
Regarding the loan, this is a separate issue. If your father has not been receiving the payments, he should take legal action to preserve his rights--he may lose entitlement to some of those missed payments if he waits too long.
Re: What I'm I entitled to?
Yoy need to see a family law lawyer to sort out what you should do. Your father has the claim against your husband. Generally, when one in herits property it becomes his or her sole and separate property and not subject to the property settlement.
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