Legal Question in Wills and Trusts in California

I am gettting married late in life. My new husband has extensive family trusts set up and five children (he is divorced). What rights will I have if he dies? What should I do to protect myself? His home that he is now living was purchased a year ago before we married, but after his divorce a year ago, and is in his name alone (not in a trust).

Asked on 10/12/09, 4:53 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

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Normally, as the surviving spouse you would have primary inheretence rights, but if he has already made trusts for his previously owned property, you may not be allowed to inheret any of it. A review of the trusts will need to be done. Of course, any property (real or personal, including money), aquired after the marriage will be considered community property in CA and you would have rights as to that.

It might be best to discuss this with him and just ask him, make sure you let him know that the reason you are asking is not to cause family problems, but to protect your own future. No need to cause an argument, but this is something that you have a valid concern over.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 10/13/09, 2:09 pm

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