Legal Question in Wills and Trusts in California

trusts, wills, and probate

My husband owned a lot that he intended to build a house on. He had the land in his trust and his son was the benificiary before we were married in 2001. In 2002 we began to build a house and before it was completed, he was killed in an automobile accident. He never changed the trust to name me as the benificiary. As the benificiary, will my stepson get the land and the house? I live in California and have been married six and a half years.


Asked on 3/07/08, 10:49 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: trusts, wills, and probate

Yes, except to the extent you can successfully claim a community property interest in the property.

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Answered on 3/08/08, 11:45 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: trusts, wills, and probate

No. If the house was build with community efforts or funds, then the community owns the house. If he has a pour-over will, then his share of the house will go into the trust. You will get the other half.

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Answered on 3/08/08, 1:37 am


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