Legal Question in Wills and Trusts in California
spouse contesting wife's will
My wife of 11 yrs recently died and I was left with nothing. She promised me that she would provide some income and a place to live.This was discussed in the presence of her son and she discussed it with many of our friends. She said that her son would take care of everything and I trusted him because she was dying from cancer. She only lived 5 weeks after she found out She was not well enough to change her will. It was an old will that left everything to her son.We did have a prenuptial agreement.Now I''m homeless and only have a small social secuity check. Her son did not comply with his mothers requests. I need some advise.Help.
2 Answers from Attorneys
Re: spouse contesting wife's will
We certainly sympathize with the set of unfortunate legal circumstances you are facing right now, and will do our best to help you out here. In a nutshell, oral bequests are unenforceable and must be reduced to writing. However, there are some exceptions that may exist if evidentiary proof is clear and convincing and readily available. For a free phone consultation, contact us directly hereafter.
Re: spouse contesting wife's will
I would have to know more about the prenup. What date was it signed? Did it give you notice that you had the right to independent counsel? What was in it? The fact that you wife was about to change her will is meaningless because she did not change it. Let me give you a tip in your question for info. Almost all lawyers will answer one quick question. As you piece your answer together you can get a little bit of advice here, and a little bit of advice there. Good luck. Please do call Mr. Torrey. Even if he cannot talk to you himself, his paralegal will undoubtedly be very helpful.
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