Legal Question in Wills and Trusts in California
My father is an American citizen born in Canada. He is marrying a Canadian woman. When he dies is she entitled to any of his money if there is not a prenuptual agreement?
1 Answer from Attorneys
Your father has several options regarding the disposal of his assets. He could put all of his assets in to a trust, which I advise, and designate the beneficiaries, or he could use a will, which I would not advise, as their are significant probate costs versus trust administration costs, or he could die without either document; then his assets would devolve down to the individuals designated his heirs by statute of the state he is a resident, and his wife could make a claim as to a spousal share acquired in property after marriage. He should take care of the trust matters before marriage, and obtain a prenuptial agreement if she will go for it.