Legal Question in Wills and Trusts in California
My stepmother has changed her will several times since my father's death in 2005. There is a clause in her will that states that if anyone contests the will, then he/she is written out of the will. Is this a binding clause?
Also, my father stipulated in his will that my stepmother could live in the house that he owned (paid in full whenboth my father mother were still alive), but upon her death, the house would be sold and the equity accrued would be divided between my two brothers and me. Now my stepmother is planning on selling the house, paying off another house that she purchased when my father was alive with the profits from the house, and then taking the remainder of the cash and putting it in a fund that she will use for living expenses. She says that the remainder of the money will be split four ways (my two brothers, myself, and her heirs) upon her death.
And...finally...we met with an attorney three years ago to discuss my stepmother's will. She was present at the meeting. In her will at the time, one of the houses that she and my father purchased was to remain as an inheritance for my two brothers and myself. Now she has rewritten the will and claims that she has full ownership of all properties....two rentals and my father's home.
Looks like my brothers and me, in the end, will receive no inheritance, and my stepmother and her four children will be the 'step-heirs' to ALL of my father's assets. I can't imagine we are the only children who must face the grim outlook of being, basically, written out of receiving my mother's and father's assets, but it doesn't make the feeling of being completely ripped off by our stepmother any more easy to swallow.
Thank you.
Sign me...
Screwed 58 year old
California
3 Answers from Attorneys
I am sorry that you are having such a hard time with your step-mother.
One of the things that you said has the potential for action: "my father stipulated in his will that my stepmother could live in the house that he owned (paid in full whenboth my father mother were still alive), but upon her death, the house would be sold and the equity accrued would be divided between my two brothers and me."
In order to give you any sort of information I would need to review your father's will. Did he have a Trust?
It is very unclear how your mother could have obtained title to the real property (house) if she was only to have the ability to live in the house.
You need to consult with someone local to review the documents and your options.
Let me know if you want to set up a consultation.
Caleb
email: [email protected]
I am sorry to hear about all of your problems with your stepmother. In situations such as these the starting place, and generally what is the controlling factor, are your Father's estate planning documents - his will and, if he has one, his trust. You need to sit down with a lawyer and review those documents as soon as possible. There are steps that you can take to protect your rights and you should not delay in taking them.
If you would like our assistance, please give me a call at 310.478.2541.
Jon Reich
IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.
1. Yes those clauses are generally, it is called an "in terrorem" clause or a "no contest clause."
2. It sounds like your mother has a life estate created by will, and you and your brother are what is known as remaindermen. Your mother cannot sell the property to anyone for more than her life term, because she does not have the fee. You may have to quiet title to confirm the life estate and your remainder interest.
3. Her will is irrelevant to the life estate set forth in 2.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
