Legal Question in Wills and Trusts in California
Man dying of cancer, married twice w/ two families
My stepfather is dying of cancer, he married in Mexico and had a family, then came to USA and married my mother 31 yrs ago in Reno NV, she didn't know he was married. They had one child. My mother has worked and together they purchased a home. He is willing to make a will for my mother and sister. My questions are: Is his marriage from Mexico valid in USA? (church wedding in small town, not sure if a marriage license exists) Is his Mexico wife (MW) entitled to his SS? Can his MW be entitled to the home he now ownes with my mother? If he makes a will leaving the house and any bank accounts to my mom and sister, can his MW and her children contest the will? Does his MW and children have a say as to his body once he passes away? He is in the hospital and both families are visiting him (not the MW)just the children, his Mexico children seem to have alot of recentment towards my mother and family and I feel they will be looking for revenge once he passes away. By the way, he did not go back and forth to both families, he stayed in touch with his kids via phone and I'm not sure about the Mexico wife.
3 Answers from Attorneys
Re: Man dying of cancer, married twice w/ two families
This is not a unique case. Based on the facts, both spouses may have a partial claim against his estate. Contact me immediately, since he is still alive. There may be a way of obtaining what he wants to have happen.
Re: Man dying of cancer, married twice w/ two families
these questions should be primarily directed to a family law attorney.
your stepfather can provide by will (assuming the will is properly prepared, executed & witnessed and that he is competent at the time) to pass his estate (his share of community property and his separate property) at death to whomever he chooses.
the issue is whether any of the assets in his name (or together with your mother) are community property with his first wife.
in addition, probate can be avoided (if your stepfather is competent) by using a revocable trust.
Re: Man dying of cancer, married twice w/ two families
I concur with Attorney Feld.
If the marriage was legal where it was performed, then it is assumed legal here as well. She IS entitled to a share. However, the assets can be "protected" in a sense with a family trust. The MW can not be omitted because of community property laws, but there are ways to ensure your mother is also protected and provided for.
Please feel free to call our office to discuss this further at 626-578-0708. Also, feel free to read and learn a little more about the Probate procedure and the benefits of a trust on our firm's site at www.No-Probate.com.
Scott Linden
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