Legal Question in Wills and Trusts in California

Omitted Spouse and Probate

My husband passed away in February 2001. He didn�t updated his will after divorce. The second beneficiary in that will is a Charity Organization. They started the probate and the director of that Society was appointed as an executor by the court (August 15, 2001.My husband owned his property before we were married. My name is not in the Deed, thus the house is a separate property. But in the letter my husband faxed to me before our marriage he said, �I want you to feel that the house is our home and not my house. You will be free to do anything you want to make our home feel like our home. I want you to feel that you are part of everything�. The letter was written on his computer and signed by my husband. Will the court consider this statement as sufficient evidence of his intention to changed the nature of the SP to the CP? What do I need to do now to get my share of the estate? Should I file a Petition with the court to determine the status of the omitted spouse or I can file a ''Creditor's Claim'' form?


Asked on 9/15/01, 6:46 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Omitted Spouse and Probate

You probably have some rights to part of the estate. Unfortunately, those who sleep on their rights, lose them. You need professional advice and help. This is not a "Do it yourself" situation. Please contact an attorney.

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Answered on 10/30/01, 11:17 am
Ken Koury Kenneth P. Koury, Esq.

Re: Omitted Spouse and Probate

you need to meet with a probate attoney now. get off the computer.

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Answered on 10/26/01, 2:46 am


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