Legal Question in Wills and Trusts in California
Property Distribution and 2nd Marriage
Second marriage. Both husband and wife have an oral agreement to keep all separate property as is. Wife has three children she wants to give her entire estate to with nothing going to second husband. Is that possible? What if he challenges after her death?
Asked on 8/07/08, 1:21 pm
1 Answer from Attorneys
Donald Field
Donald L. Field, Jr., Attorney at Law
Re: Property Distribution and 2nd Marriage
yes, this is normally the rule in California as to separate property if it is not commingled with community property and the separate property source of any assets is traceable. you will need to retain a qualified estate planning attorney who is also knowledgeable regarding California community property law.
Answered on 8/09/08, 11:26 am
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