Legal Question in Wills and Trusts in California
My fathers' will states that he leaves his residence in San Diego, CA to the 4 children from his first marriage. He also stated that his then current wife
could remain in the house, rent-free, until she voluntarily decides to vacate. He died in 1994
1. This left a permanent tenant to the 4 children, with
no designated responsibity as to who should provide for
the upkeep, taxes, insurance etc.
Is this legal ?
2. What can his wife (out stepmother) do if the children decide to sell the home ?
3. The son was killed in an auto accident in 2004. Does any of his share of the
residence pass on to his wife or children, or does it get split between the other
3 siblings?
2 Answer from Attorneys
It is fortunate that there is a will, otherwise, the wife would have inherited the house. While this would have been better achieved through a living trust, the will should be honored. As to who gets the share of the deceased son, for an opinion research and review of the will and deed is necessary, Contact me directly.
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