Legal Question in Wills and Trusts in California
Spouse does not have a will
You marry later in life. You have
grown children from a former
marriage. Your spouse does not.
You loose your spouse becomes
deceased. Your spouse does not leave
a will or has your name listed on any
properties or assets. Your name is
however listed on an equity line of
credit against your spouses home.
What assets are you entitled to as a
widow of your spouse.
2 Answers from Attorneys
Re: Spouse does not have a will
You 'should' recover all of her property under the spousal property Petition rules. This can be a relatively simple Probate if there are no contests.
Items that can be traced to her separate property may be at issue, but you failed to mention if she has living kin, parents, siblings, etc.
If you would like to provide additional details or discuss this in a private forum, please feel free to contact me throught the email provided by LawGuru or through our firm's website loacted at PasadenaEstatePlanning.com.
If not us, I do suggest you speak to an Estate Planning firm that is familiar with Probate.
Re: Spouse does not have a will
you should retain a qualified attorney to advise you with regard to your rights and to file a petition for probate of your late husband's estate.
see:
PROBATE CODE SECTION 21610 to 21612 at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
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