Legal Question in Wills and Trusts in California
Does Marriage in Manila, Phillipines, Mail order bride to older Vet, count as a legal marriage in California? My Father left a trust to the children without naming her but he put her name on the car. Married her in US ceremony Nov 12, 2011 and she feels she is entitled to half of everything. House is held in trust as are assests. What are her rights? Can she be deported since this just happened?
1 Answer from Attorneys
No one can tell you whether it is a legal marriage, or what her immigration status is, without seeing the documentation. The fact that she is a "mail order bride" alone would not invalidate the marriage. Ordinarily, she should not have any right to separate property (owned before marriage) which is in the trust. But if your Dad didn't update his estate planning documents, she may have some claim (not to half however) as an "omitted spouse." You should take copies of the the documentation you have and consult a probate/trust administration attorney in your area. She gets the car.
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