Legal Question in Wills and Trusts in California

Hi,

my husband of 1 year past away 2 month ago. We lived in his house for 3 years together. In his will he left me a small inheritence and everything else goes to his son ($6 mil. in cash and assets). The son told me that I should be moving on since he does not want to support me forever. What are my rights without contesting the will in regards to how long I can stay in the house and other arrangements, like help with future bills. My husband provided me with a monthly income. Thanks!


Asked on 4/24/11, 2:09 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I assume your step son views you as having married his father to get his money so is very hostile to you. You are entitled to half of your husband's earnings as being yours while you were married [but not just living together unless he promised to take care of you as a wife -- palimony] as being community property. Assets that he had before the marriage were separate/private assets but they could have become intermingled with the community assets so that you have a legal interest in them. You need to see a probate or family law lawyer to find out exactly what assets you have a legal entitlement to.

If you have any, no matter how small a percentage, ownership interest in the house then you can not be evicted by the son, since both of you are joint owners. He would have the right to move into the house and share it with you, but to get you out his would have to file a partition action asking the court to order the sale of the house. Liability as to bills involving the use of the house would be your responsibility if they stem from your sole usage [utilities] but fixed costs such as property taxes would be shared on the basis of percentage of ownership.

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Answered on 4/25/11, 7:07 am


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