Legal Question in Wills and Trusts in California
will or no will?
in 1991 my mother executed a will leaving her estate to her then boyfriend to be held in trust for the benefit of him my sisters and myself equally. the boyfriend was also named executor. the will states that she is unmarried and all her property is separate property. some time later she placed her boyfriend on the title of her house, (giving him half) as a gift. in 1996 she married the boyfriend. after her marriage she executed a second will stating basically the same as above but never signed it. at the time of her death in 1997 her husband stated that there would be no probate because in effect there was no will--that her marriage superseded her will and all property would be left to him. her husband is getting remarried and is getting ready to sell the house. do my sisters and i have any claim at all to my mother's interest in the house? does marriage null and void a person's will? i am currently living out of state and appreciate any advice you can give.
2 Answers from Attorneys
Re: will or no will?
You present a very complicated picture. A court would have to sort out whether the new will takes effect even though unsigned (probably not). Although California law does allow for deviation from the terms of a will if there is a subsequent marriage, I would have to do some research as to whether or not those rules would cut out the children in favor of a spouse. You need to consult a lawyer and file in the probate court to make sure you are not unfairly cut out of the will. If the probate is in Northern California, please let me know and I will see if I can help. If the case is elsewhere, please let me know and I will see if I can get you a referral.
Re: will or no will?
The question you pose does not have an easy answer. Inorder to protect your rights you should file an action in the county where your mother resided. If the house was put in joint tenancy with rights of survivorship, that form of deed is outside the will and probate and the husband would get all of the house. I'm located in Monterey County. Let me know if I can help.
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