Legal Question in Wills and Trusts in California
My husbands friend died two years ago. Though she's extremely wealthy, the widow never honored the will, leaving my husband $50,000 and a 4 year old car. Of course we won't pursue, but was that legal on her part?
2 Answers from Attorneys
No, if those distributions were in a duly executed Will or living trust. You're probably right that it is not worth pursuing in court, but a letter from a lawyer might suffice.
It depends on the terms of the will or trust and titling of assets. The document may provide that the assets are not distributed until the death of the surviving spouse. Or, all the assets were jointly owned and passed to the surviving spouse upon death. In that case, the terms of the will or trust do not apply to the assets since there would be nothing in the husband's name alone and in his estate.