Legal Question in Wills and Trusts in California

Re: Mother passed away, is this will valid?

The will is still valid, but the ex-husband is not entitled to receive anything from the will. In California, an ex-spouse named in a will is considered by law to have pre-deceased the testator. In other words, the courts will determine that the ex died before your mother, for estate purposes.

The remainedr of the will is valid, so it will depend on what the will says as to that portion.

If your mother's estate is over $100,000, the estate will need to be probated.

Regarding the son given up for adoption, it may be addressed in the will. California has very strict guidelines for probate and intestate succession (which is what the portion of the will that was left to the ex will be decided).

Additionaly, attorney and representative fees are determined by statute. An attorney may not charge any up-front fees, and his fees are paid from the estate at the end of probate.

If you need help in this matter, or have any other questions, call me at 925-924-0100, or fax a copy of the will to me at 925-397-3044.

Re: Mother passed away, is this will valid?

In most cases a divorce nullifies a previous will leaving gifts to an ex-spouse. An attorney would have to review the will be be certain, and also to tell you if there are other valid gifts that would remain.

Regarding the adopted child, the adoption will usually end inheritance rights from the biological parent, but the will would have to be reviewed to be sure. Check with a probate attorney close to your mother's residence area.