Legal Question in Wills and Trusts in California

Probate

My husband died 11/4/06. We held our home in Joint Tenantcy. Per his divorce from ex wife he was to hold a life ins policy of $100,000 for his son. There is no such policy. Ex is suing for it and expects to get it from our home which was purchased after their divorce. Does she have any right to this? Can the court claim that since he had this obligation I have to pay it from the home which is really all mine now and I have no obligation to her. Is there a case law to reference stating that from the time of his death he no longer has any estate as far as the house is concerned? Please help! His also had a Will which states that she is to get nothing and leaves it all to me.


Asked on 5/31/07, 11:51 am

1 Answer from Attorneys
Jeb Burton The Burton Law Firm

Re: Probate

You really, really need to talk to an attorney. Yes, based on the facts you stated, she does have a very strong claim against your husband's portion of the estate. We live in a community property state, meaning that in general, everything purchased from community funds while married is half of each of your property. His half of the property can be responsible for paying his personal debts, including the one he has to his ex-wife.

You really need an attorney on your side, not trying to do this yourself.

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Answered on 5/31/07, 12:34 pm


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