Legal Question in Wills and Trusts in California
Executor of Estate (daughter) -vs- current Spouse
My father wants me to be executor of his estate upon his demise. His current wife knows nothing of this and he doesn't want her informed. Her name is not on his house, nor on any assets except for two bank CD's. They have never comingled funds. As his only child and relative, am I in for a battle with his wife? There will be no divorce, but their relationship is only one of convenience for him. He will sign paperwork for me to be executor, and thinks this is enough for me to inherit everything. True?
2 Answers from Attorneys
Re: Executor of Estate (daughter) -vs- current Spouse
I'm hoping the "paperwork" is being prepared by an experienced probate/trust attorney--this is an area where the actual documents are important.
That said, your father needs a will and/or trust to leave you his property--he can leave his separate property and his share of any community property to you, or anyone he wishes. If he hasn't updated his estate planning since his marriage, he needs to do so or risk his wife claiming an intestate share.
He can also nominate you as executor, usually done in the will. Spouses have priority for this position only if they're inheriting property, so in this case it sounds like she could not contest such a nomination.
Re: Executor of Estate (daughter) -vs- current Spouse
He can name anyone he wants as an executor, but she may still battle you. If any earnings were used to pay down the balance of the loan on the property or his earnings were put into bank accounts, even if only in his name, there could be some community property rights.
You may also want to have him consider establishing a trust, instead. That may save money on Probate, if the estate has any significance at all.
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.
