Legal Question in Wills and Trusts in California

Separated Wife is Executrix of Mother-in-Law's Will

My mother passed away recently and I was the sole beneficiary. My wife and I have been living apart for almost two years. Is my wife entitled to any portion of my Mother�s estate? If my Mother�s property is sold, is my wife entitled to any of the proceeds?


Asked on 7/26/07, 2:53 pm

3 Answers from Attorneys

Brian Whitaker Lifeline Legal, LLP

Re: Separated Wife is Executrix of Mother-in-Law's Will

Your fact pattern conflicts with the Subject of your query. Please clarify whether it was your mother or your wife's mother who passed away.

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Answered on 7/27/07, 6:14 pm
Brian Whitaker Lifeline Legal, LLP

Re: Separated Wife is Executrix of Mother-in-Law's Will

No.

No.

Even if you were still living together, inherited property is your separate property. Be sure you don't commingle any of it with community property.

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Answered on 7/26/07, 4:12 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Separated Wife is Executrix of Mother-in-Law's Will

Whether or not your wife is entitled to any portion of your mother's estate will depend upon the terms of the will. The will must be probated. You say wife is executrix? The she filed to probate the will?

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Answered on 7/26/07, 9:27 pm


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