Legal Question in Wills and Trusts in California
Widow father's property
Since & before my mother's recent death, a younger woman has become close friends with our father. Dad is over 80 years old & my siblings & I are concerned about her motives. (I know she's lying about her income status.) My parents' wills were the standard: the surviving spouse receives the assets & after Dad dies, the children will receive the assets. We're concerned that if Dad was to marry this woman, would she be able to get 1/2 of all his property (California Community Property laws?) even if his will says to the children? His estate is less than $500,000.
He's willing to add our names to the title of the house. Should we put our names as Joint Tenancy - or Tenants in Common?
1 Answer from Attorneys
Re: Widow father's property
Without seeing the will I cannot give you a definitive answer. I would be concerned about whether your father can change the disposition not only of his own share, but also your mother's. The only way to be completely sure would be for your father to contact a lawyer, and discuss the matter with you. With regard to putting your names on the property, that could safeguard your interests but could also have serious tax consequences. Talk to a lawyer or tax accountant before proceeding on that.
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