Legal Question in Wills and Trusts in California

Grandchildrens Rights of Property
My Grandmother passed away, she left her belongings to her only living son, my father. My parents are divorced and my father is remarried, when my father passes away, can his second wife keep my Grandmothers belongings? Do the Grandchildren have any claim to the items?

Asked on 3/12/08, 5:52 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

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Re: Grandchildrens Rights of Property

It depends on your father. The property will be his to do with as he wants.

Answered on 3/12/08, 5:56 pm

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George Shers Law Offices of Georges H. Shers

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Re: Grandchildrens Rights of Property

Mr. Roth is entirely correct. It now is your father's property and he can dispose of it in any fashion he wants to. So if there are some objects you would like to keep for yourself, go to your father now and tell him what you would want to have and why. Tell you siblings what you are doing and your father should tell his wife and their children so there is less chance of fights occurring when your father dies. Your father verbally promising you something or even putting it in his Will does not guarantee anything, as Wills can be changed until the date of death. If his new wife and /or children would get upset at your request, ask your self if you really need something or are you going to cause your father trouble over some petty thing [or if that is the actual intent].

Answered on 3/12/08, 7:34 pm

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