Legal Question in Wills and Trusts in California
My step father died last week of a heart attack, no will has been found but there is an involved trust for the HUGE amount of property that was settled during the gold rush. My question involves my mothers legal rights & ownership of shared property with him. They were married in California 40 years ago & at some point, maybe 29 years ago filed a legal separation. But they did nothing more & remained a part of each other's daily life until his passing. He has not yet been buried & my brother in law & sister are taking property from his home & selling it. Is this legal, isn't it my mothers property?
1 Answer from Attorneys
I am sorry for your loss.
Yours is a difficult question to answer. You state that your mother and step father filed for legal separation 29 years ago but still remained a part of each other's lives. What does this mean? Did they reconcile and continue to live together?
As for the personal property, if they remained separated, it is possible that it is not a part of the community property estate and his heirs can take and sell it to the exclusion of your mother. But, I would need more facts to assess the estate that your mother would be entitled to.
As for the trust, who is the Trustee? The Trustee is the person responsible for managing the trust assets. That person will determine who is entitled to receive distributions from the trust based on the language of the trust. Again, I would need more information to properly advise on that matter.
Please feel free to call me to discuss further. My telephone number is (925) 362-3598.
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