Legal Question in Wills and Trusts in California

Re: Preserving inheratance

As long as he is competent and acting without undue influence he can validly change his estate plan. If he leaves the real estate/house to his wife, there will be limits in the trust as to what she can and cannot do, and if she can reverse mortgage it; very often the 2nd spouse has nearly unlimited powers.

Re: Preserving inheratance

I'm sorry about the impending loss of your father.

With respect to his estate plan, while having the appropriate capacity he can cut out whomever he wants.

The problem that I see from your description is that he may be leaving all his property to 2nd wife trusting that she will do what he wants. Sometimes the person will do it and sometimes they won't.

This can be alleviated with the drafting of a trust where property is left to the trustee for the benefit of 2nd wife during her lifetime and to be used for her support, maintenance, health, etc., but where the residuary (everything left) upon her death would go to wherever your father wants upon 2nd wife's death.

The form of this is quite important. Just trusting to a person's generosity is sometimes dangerous.

Of course, if your father is about to pass away there may be valid and serious questions about whether he has the capacity to sign such a trust and/or whether undue influence is being exerted upon him.

Tough situation.

Caleb

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Re: Preserving inheratance

Please accept my condolences for your impending loss of your father. He should have a living trust with an A B trust, i.e., after his wife dies then it goes to his children if that is what he wishes. Otherwise a will or dying intestate would give the property to the wife without any bequests to his children. Contact me directly.