Legal Question in Wills and Trusts in California

Re: Heirship

14 years what took so long, this length of time could work to her disadvantage --- where did her father die and how old was she --- i would be very happy to discuss this with you --- 925-945-6000 michael olden if you wish --- she need a probate/estate attorney immediatly

Re: Heirship

Dear Law Guru Friend,

Do not now what the other lawyers advised you; but they are all good lawyers, so consider their advice carefully. As I read you question, I could see that there was not really enough information given for a lawyer to give you a definitive answer on. Assuming, however, that all of the property left by your father-in-law was community property, then your wife would have inherited what your father-in-law left; and that being an undivided one-half interest in the community estate; and your mother-in-law was already the owner of the other undivided one-half interest. Now, your mother-in-law would have the right to the use of and the fruits of and from (the usufruct of) your wife's half, until your mother-in-law's death or remarriage. Now all of this assumes your father-in-law left no will giving his half of the community estate to your mother-in-law. If he did leave his estate to your mother-in-law, then your mother-in-law gets it all.

Of course, there is more to it all than this, but this is something to think about. As I say, I would really need more information given so that I might give a more definitive legal opinion.

Best of luck to you and your wife, and to your mother-in-law! Best of luck to you all! The law is the law. If he left a will, he left a will; and that's legal. If he left no will and your mother-in-law got the usufruct over your wife's half, that's the law and there is no reason to worry about it, to fret about it. YOur wife will get what your mother-in-law has left when your mother-in-law dies, assuming your mother-in-law does not make a will leaving it to someone else. If your wife is already the owner of an undivided one-half interest of the former community property (all your father-in-law left), she cannot lose it, even if your mother-in-law should make a will leaving all of her estate to someone else. As I say, there is more to it all than this, but this is something to think about. Would not hurt to sit down and talk with a lawyer and explain him or her all the fact to find out the definitive answers to your questions and concerns. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Re: Heirship

Dear Law Guru Friend,

I just composed you a reply to your question and then read those of the other lawyers who have answered your inquiry. I thought when I was answering your question that this was a Louisiana case. I see now that perhaps it is a California case. I am not a California lawyer, so I defer to the California lawyers who have posted a response to your question. I am licensed to practice only in Louisiana. Best of luck to you!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Re: Heirship

you may have a case. email me directly with more specific information, along with your contact info for a free consultation.

Re: Heirship

I do not know if your father died as a resident of California or Louisiana. If it was California speak to a California lawyer. Any land in Louisiana is subject to Louisiana law, no matter where the deceased resided.

Louisiana law retains the system of forced heirship. This means that there are limited circumstances permitting a parent to leave nothing to a child. If those conditions are not met, then the child(ren) must inherit. Contact a Louisiana lawyer to have these conditions explained.