Legal Question in Wills and Trusts in California

Re: Legal separation and death

unless the marital settlement agreement provides otherwise, if you are still married then you have whatever spousal rights may apply. whether or not you can be executor (administrator, trustee) of his estate (trust), unless he died intestate, depends upon the language of his will (or trust. you should retain a qualified attorney to assist you with this matter.

Re: Legal separation and death

Unless the divorce is final, you may well be entitled to be the executor of the will and primary beneficiary (assuming no will or trust). You should see a competent attorney to assist you.

Good luck,

Sincerely,

Kai H. Wessels, Esq.

Re: Legal separation and death

I am sorry to hear of his passing and of the sadness I am certain it has brought to your family. My sincerest condolances.

As far as your question...If the divorce was only pending and not completed, then you are legally still the spouse and should have all the rights of a surviving spouse.

Was there a will? A trust? These will matter because with nothing or only a will, (and total asset value is over $100,000 - does not include deductions for money owed, eg. home) then you may need a Probate, but that is aquestion to be determined after it is decided if you are still cosidered the surviving spouse.

Do you see other family members coming in to cause issue with your being the executor and/or beneficiary?

As you can see, there is quite a bit more that we would need to discuss before you ca be provided a more solid answer.

To discuss your matter in a private forum, please feel free to email me directly at the address provided by LawGuru and/or through our firm's website PasadenaEstatePlanning.com.

-Scott