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.


Asked on 4/12/08, 1:22 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Will

answered below

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Answered on 4/12/08, 8:54 pm
Jeb Burton The Burton Law Firm

Re: Will

Unless there is some other agreement or document that changes this fact... the assets your Father had before he married his second wife are his seperate property. If the only will he had predated his marriage and listed you as the beneficiary and executor... then that seperate property will most likely go to you. However, there is something called the pretermited spouse rule, where his current wife can claim that your Father "forgot her" and possibly make claims against the estate.

You should speak to a probate attorney in the county in which your Father lived. If you are the named executor, you should initiate probate yourself, with the aid of the attorney. While you can handle probate without an attorney, this sounds like it is going to be contentious, complicated and you are out of state. I strongly advise speaking to counsel urgently.

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Answered on 4/14/08, 12:36 pm


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