Legal Question in Wills and Trusts in California
My Mother passed away two years ago leaving her separate property to my brother and I (which included our family home)and the community property to her husband, our stepfather. Her husband, our stepfather, continued to live in the family home up until he passed away last week. We learned that just before he passed, his brother had a new will and power of attorney drawn up for my stepdad to sign replacing my brother and putting himself as executor. My brother and I don't have a problem with this, however, we are afraid he has also been named sole heir to the remaining community property which was previously said to be divided equally between my brother and I and my stepbrother who passed just a few months ago. My question is: Is my stepfather's brother entitled to the community property that belonged to our Mother?
2 Answer from Attorneys
If the operative document left it to him, yes. I would have to review all the documents to answe any further.