Legal Question in Wills and Trusts in California

My mother-in-law recently passed. Her estate is to be divided equally among her five children, including my wife, who is seriously ill with lung cancer and is not expected to live through the year. Her mother's estate cannot be disbursed until her house is sold, which won't be until October at the earliest, which will likely be after my wife passes. If her mother's assets aren't disbursed until after my wife passes, am I, as her spouse, entitled to the proceeds of the estate, or does my wife's share get divided among her remainig four siblings? We have been receiving an advance against the estate in the amount of $1,600 per month to help us get by, since we only have her SS disability to live on and I'm her full-time (unpaid) caregiver. That money goes into our joint checking account, so it may be considered comunity property.

Thanks in advance for your advice.


Asked on 4/24/17, 10:36 am

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

It depends on the language of the Will or Trust. Many Wills and Trusts have some survivor clause (30 days, 60 days, etc...) after which time the gift then becomes "vested" and would belong to your wife. I am sorry she is so ill. The gift to her would then go to her Estate and how it is paid will depend on the terms of her Estate Plan. Given her illness, it would be wise to review that or if none exists to have one drafted so that there is no confusion as to how your wife's share of her mother's estate is to be distributed.

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Answered on 4/24/17, 10:58 am


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