Legal Question in Wills and Trusts in California
I have a question regarding inheritance. My father died recently and my father and his new wife who are legaly seperated are not living together. My greatgrandmother his grandma has my father and myself on the will. If my grandmother died will his legaly seperated wife who is not living with my grandmother would get anything from the will or would i get all the assets because i'm next on the will?
3 Answers from Attorneys
I'm sorry for your loss. I can't give you a definitive answer without seeing your grandparent's estate planning docs, but most likely your late father's wife would not inherit anything from his grandparents.
It depends upon what the exact wording is in the Will. If it says that X goes to my son Y and Z to my grandson Q, then it would go to Y but as separate property to be governed by his Will and if he has none then would pass via intestacy with a portion going to his wife, whether or not they were living together. Or the Will might read that it goes to Y but if he is dead then to Q, etc. You need to get the exact details, what your grandmother's wishes are, and read through something like the Nolo Press books on estates. You probably are going to have some problems as to whether his wife inherits anything. You might need to see an attorney for 1-2 hours to straighten out the details.
Better talk to your great-grandmother & get her will amended to specifically disinherit your father's wife - they are still legally married. Why is your father delaying the divorce?
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