Legal Question in Wills and Trusts in California
Wills, Probate
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.
2 Answers from Attorneys
Re: Wills, Probate
answered below
Re: Wills, Probate
That's a tough one. Generally a pretermitted spouse (like his wife) IS entitled to her rightful share as if your dad had no will. If you are the only child you probably get half of separate property and his wife 1/2. The wife is likely entitled to 100% of "community property." Thus, the characterization of assets is KEY. You may or may not be entitled to be the executor. I suggest you get a copy of the will and try to get the origina. If you succeed in getting the original you should "lodge" it at the probate Court in the county he resided in at death. Let me know if you want to talk about your case in more detail.
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