Legal Question in Wills and Trusts in California
Do step-sons have any right
My step father passed with a will that was from 1983 leaving
everything in joint tenency to my mother. In his will if she
had not survived him his estate would be split 3 ways between his 2 children and myself. Since my mother did survive him she did a trust after his death leaving all to
me. My question is do my stepbrothers now have any recorse to these assets, since the common law of property has changed in the last 20 years I understand? Thank you!
2 Answers from Attorneys
Re: Do step-sons have any right
when a person passes away, and was married, that person can will away all of his separate property and his one half community property interest. since your stepfather passed away giving everything to your mother, and your mother satisfied the condition precedent by outliving him, all of the property would then become your mother's separate property. thus, if your mother did not have to satisfy any other conditions to take your stepfather's estate or to provide for your stepbrothers thereafter, your mother would appear, from the facts given so far at least, to be able to set up a trust for you exclusively. however, you may want to email me directly with more details and a free evaluation/consultation to help ensure your interests are protected to the fullest extent. the sooner your interests are protected, the better.
Re: Do step-sons have any right
If your mother had this trust drawn up by a good lawyer, or at least by somebody that knows how to write and set up a good trust, I would say that your step siblings are out of luck and it is all yours at her death (as long as she doesn't earlier revoke the trust). If you would like me to look at the trust agreement for you, let me know at [email protected].
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