Legal Question in Wills and Trusts in California
Will
I wish to re-phrase my question --I am now told that it is a will that my father left me and NOT a trust. The will was made in 1998. My father told me before he died --that I was the beneficiary. At the time that the will was written up -he had NOT been married to his present wife. He got married 5 yrs ago and now the widow (who found the will) is having the will probated. Is she going to be entitled to any of his property and other assests that he acquired before he married her? There is a sailboat that my father and mother built while he was married to my mom, and now the widow wants it--will she be entitled to get it? Since he died in Calif. what is she legally entitled to?since she was only married to him after the will was drawn up. She has stated that she is NOT on the will. She also claims that there will be a will reading?on 4/22-is there such a thing as a will reading before going into probate? I was left an IRA-the bank connacted me since I was named as beneficiary-can she lay claim to it? IRA was solely my dads before he married her and her name is not on the IRA.
3 Answers from Attorneys
Re: Will
Since your father died in California, the will and estate will be subject to California law. Most states allow the spouse to claim a part of the estate if she renounces the will. That means that the will is ignored for the spouse's part, and she claims the statutory amount (the amount given to her by law if there was no will). In Illinois it is 1/2 of the estate if there are children.
Then, you have to consider that California is a community property state. That means that assets that were acquired during the marriage or assets that were considered marital property during the marriage can also be claimed by the spouse.
The IRA can not be claimed by the spouse since you are named as the beneficiary and it is not a part of the probate estate. However, given the community property issue, contributions to the IRA made during the marriage may be considered community property.
I would highly recommend that you hire a California attorney to represent you in this matter.
Good luck to you.
Re: Will
I cannot claim with certainty what CA law is, but its a community property state, so she owns half of his stuff by the fact she married him.
Re: Will
if your father said the sailboat goes to you, then it goes to you. if you were nominated as the executor of the will, you have the right to open probate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
