Legal Question in Wills and Trusts in California

Does the term "family residence" have specific meaning for estate planning purposes. If the settlor spouse owns the property as their separate property, can the surviving spouse still live in the property after the settlor spouse's death, and the property still be considered separate property?


Asked on 6/23/10, 6:27 pm

1 Answer from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Once the settlor dies, title passes unless the title is in a trust of some type. It is no longer the separate property of the dearly departed. The title passes to the heir named in the will or by intestate succession.

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Answered on 6/23/10, 9:39 pm


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