Legal Question in Wills and Trusts in California
My question is concerning my father...He owns his property and his wife just passed away, I would like to know what he needs to do to keep his (deceased wife's children) from trying to take his home? he is 86 and this is all he has left Can they sue him for half or not? Thank You so Much.
3 Answers from Attorneys
She could have disposed of her interest in the marital property by making a will. Unless she made a will and named someone other than her husband, his wife's kids are out of luck. Of course some elderly 86-year olds are beset with creeps and con artists who try to curry favor with them.
It depends on a lot of information that you did not provide. How was title to the property held? Is there a will, or a trust? Was the property purchased by your father with his separate property funds? You refer to this woman as his wife, but you do not refer to her as your mother, so I assume this was a more recent marriage?
There are just two many questions and additional facts that are needed to respond to your question over the internet. Your Father and you should sit down with a lawyer right away.
IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.