Legal Question in Wills and Trusts in California

Re: Wills

(I assume this is California where your husbands father died) If this is a will, and not a trust, and the trust truly is silent as to this situation.... then the laws of intestate succession control. These are California statutes which govern the way property is distributed by a person when they die "intestate" (without a will, or with an incomplete will). Most likely your children will recieve your husbands portion of the estate, however this depends on a number of factors.

Re: Wills

This is a matter of interpretation of the will which may ultimately need to be determined in a contest probate proceeding. It must be determined in probate.

You, at least, should learn from your father in law's mistakes and probably use a living trust and other death and disability planning documents. Whether you can do this on your own or need attorney assistance has to do primarily with the nature and extent of your assets. Most people with a net worth of less than one million dollars ($1MM) can. My book, "Create Your Legacy & Save the American Middle Class. How You Can Protect Your Family and Loved Ones in the Event of Death or Disability (Without Paying Legal Fees) and Win their Gratitude and Admiration" explains all you need to know in simple, plain English. You can go to www.yourlivinglegacy.info for more information on this and obtain a download of the book. If you do decide its best to handle all of this without a lawyer, I offer on lin my Legacy Trust Package which includes a complete planning package, in simple English and valid in every State. The book is $19.95. The do it yourself trust package if you choose to use it is only $79.95.