Legal Question in Wills and Trusts in California

My husband died short time ago and his children from previous marriage have in his living trust everything for them. He wanted to protect me but he was very bland and afraid of them.
My question is: What should prevail, my rights as a wife, I think by the law of California I should have a third of his assets, or his revocable living trust. He left a small donation to his favorite charity but nothing to me except the right to occupy his house until I died or decided to move, an a letter to his older child telling him that I was the love of his life and see for me. How I do not know.
I lost his pension, mine is very small and his SS. I have mine for my previous husband. His money is not too big amount but it will help to continue by my self.

Asked on 5/06/10, 11:51 pm

3 Answers from Attorneys

Aaron Feldman Feldman Law Group

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You really need to meet with an attorney who can review the actual Will and Trust documents. Generally speaking, any assets your husband acquired before the marriage would be his separate property. You would not have an automatic right to some percentage of his separate property, except under very narrow circumstances. Since he made some provision for you (a Life Estate in what I am assuming is his separate property home), it does not appear that you are an omitted spouse. Again, only an attorney reviewing the actual documents can tell you for certain whether you have any rights to additional property from your husband's estate.

Answered on 5/12/10, 7:41 am

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Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

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I agree with Aaron - talk with an attorney ASAP to protect your rights.

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Answered on 5/12/10, 8:46 am

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