Legal Question in Wills and Trusts in California

Property willed to me

My father passed away in CA where he resided with his wife. In his will he left me the house that I live in which is in Ohio. He purchased the house before he was married to his wife. She claims she is entitled to part of the home since they were married. Is this true?


Asked on 3/03/09, 12:19 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Property willed to me

I am sorry to hear of your father's passing and now the problems that it has seemed to have caused.

For starters, if there was only a will, you may need to start a Probate for his separate property items, such as the Ohio home and any other items ha may have titled as sole and separate property.

There is no doubt, based on what you have written, his wife will make a claim and she may have some rights if she can show your fathr used community funds to improve or better the property (or make any mortgage payments). It sounds like this is not the case, however.

We would be happy to assist you as our firm specializes in probate, trusts, wills and estate planning. We are located in Pasadena, CA. In what county did your father reside when he passed away? This will be the County that the case will need to be filed in.

Please feel free to contact me at the email provided by LawGuru or through our firm's site (our number is there) at PasadenaEstatePlanning.com.

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Answered on 3/03/09, 3:00 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Property willed to me

This depends. This house may not be marital property if it is still in his name and if some other conditions apply. Is his will being probated in the county where he died? Have you seen the will? If so, do you have information on this? I suggest you consult with an Ohio attorney.

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Answered on 3/03/09, 4:20 pm


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