Legal Question in Wills and Trusts in California

Question Regarding a Will

My father-in-law owns alot of property and my husband and his sisters will inherite it all when he dies. My husband is also the executor of the Will. My questions is this, if my husband dies before his father then will I inherite his part of the will? And if not what can I do to protect myself if anything? Can my husband make out a Will requesting that I get his part of this fathers inheritence?

Thank you.


Asked on 5/05/05, 1:56 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Question Regarding a Will

It depends on how his father's bequest is written. Is it a will or a trust? Does the bequest provide for children directly or children only if they survive each other? (There are legal terms for these types, but I will spare you the Latin mumbo-jumbo.)

Additonal information needed...how long have you been married? Any children? How about his siblings? Is his mother alive? Is father married?

You can see, there is a LOT of information needed to actuially give you a complete answer.

If it will help, we have a web site at www.No-Probate.com that might help with some of the info. A big part is that his father's estate should be in a trust if it is over $100,000.

Please feel free to contact me directly there, here or at 626-578-0708 if you would like some additional assistance.

Scott

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Answered on 5/05/05, 3:57 pm


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