Legal Question in Wills and Trusts in California

Seperated spouse

My sisters fiance of 2years passed away in July 4 mos after diagnosed stage IV cancer. Wife

left 2 children with him 10 years ago to raise alone. Lives in Oregon. Never offically divorced. He worked for school district with retirement called PERS(?).Consulted lawyer re:divorce told did not need one. Grounds dissertion. Left trust to 3 children. Wife now supposedly entitled to 1/2 of his retirement($60,000). What should the 3 children do to stop this from happening?

Thanks


Asked on 9/13/06, 2:46 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Seperated spouse

The children should file for emergency injunctive relief under the factual circumstances presented here. If you would like prompt, effective legal assistance in this timely matter, contact us today for a free phone consultation.

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Answered on 9/13/06, 3:10 pm
Todd Stevenson Stevenson Law Office

Re: Seperated spouse

If the estate is less than $100,000 it can be administered in California outside of the Probate Court. The argument is that the wife had no further community property interest as of the date she abandoned the husband (and family.) This may act to reduce the amount of money she might be entitled to receive, or it might eliminate it, depending on when they were married, etc.

If the children are under eighteen (18), then a guardian for them should consult an attorney for assistance. If over (18), they should consult an attorney themselves. It is unclear from your post whether there were two children or three?

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Answered on 9/13/06, 3:12 pm


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