Legal Question in Wills and Trusts in California
Getting personal items
My brother commited suicide about 6 months ago. His wife of 7 years has never been close to my family and my mother was made the beneficary of a life insurance policy he had before he married. His wife thinks she deserves the money and wont let my family have any of his personal things. Is there anyway I can get somethings that were given to him but should be kept in the our family?
3 Answers from Attorneys
Re: Getting personal items
Unless you were left things in a will, all his community property goes to his wife, and 50% of his separate property (the other part goes to his children, if any, and if not, to his parents). I would try to work things out with her on this issue, as the items you want are probably higher in sentimental value than monetary value.
Re: Getting personal items
she is not required to give you anything unless he left a will saying you get it.
Re: Getting personal items
If there is no will, she is entitled to keep 100% of what was community property, and 50% of what was his separate property.
If she has things that are REALLY important to you, offer her some cash for them.
The fact that she was not close to your family (or your family was not close to her) does not change things.
Get over your differences, and work things out. After all, your brother was married to her for 7 years.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
