Legal Question in Wills and Trusts in California
A valid claim against estate?
My brother had ALS and passed away before he could change his will to include his girlfriend. I had legal power of attorney and now am executor of his estate. He had a signed will leaving his meager estate to his adult kids. Before he died, he wanted to buy his casual girllfriend a car. She alone took out a loan and bought a car. They opened a joint checking account for me to deposit his monthly income so she could make payments on the car loan. But my brother passed away before he could change his will although a draft was prepared (but not signed) to include the girfriend. I know he wanted to buy her this car, but there is no mention of it in his signed will. His adult kids hate the girfriend so either way someone is going to be very unhappy. Does the girlfriend have a valid claim on the estate?
2 Answers from Attorneys
Re: A valid claim against estate?
The money in the joint account at the date of death would be hers. She would not have a claim based on an unsigned draft of a will. However, she may have a claim based on a partially-performed oral contract to give a gift, which she purportedly relied on by buying the car.
Re: A valid claim against estate?
The best I can tell you is to see an attorney. If the draft is handwritten, it may be a will.
Good luck.
Kai H. Wessels, Esq.
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