Legal Question in Wills and Trusts in California
Is will out dated?
My mom has died and her only will was written before she married her 2nd husband. In the will she left everything to my sister and I. Everything consists of a house worth approx. 140,000. and some personal items. Prior to her death she stated to me, my sister and her husband that she wanted her girls to have the house but that we would let her husband live there until he wanted to move or died. He is older and in poor health. How do we transfer the house from my mom (or her husband) to my sister and I without a recent will? What if he doesn't comply? And do we need to pay taxes?
Thank you in advance...
2 Answers from Attorneys
Re: Is will out dated?
If the will was done prior to her marriage, her husband may have a 1/3 inheritance of her separate property, unless there's a written agreement otherwise or alternative arrangements. It may work out best for all parties if he'd agree to your mother's wishes, e.g. he has the right to stay in the home until his death, but title will be held by you and your sister. His interest could be protected by giving him a "life estate" on the deed, which is the right to use the home until his death.
Re: Is will out dated?
An agreement can be drafted among all three of you which should satisfy him. If the property was acquired before their marriage and there was not debt on the house at the time of their marriage, the property would have been deemed separate property of your mother. The effect of the old will is that it leaves husband out. Husband would however be entitled to 1/3 of your mom's separate property, and you and your sibling will share the other 2/3. This is a situation which is very easy to resolve. If you need any help, please feel free to contact me.
Mina Sirkin
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