Legal Question in Wills and Trusts in California

Will/Trust before marriage or joint tenancy?

My dad did a will and living trust years ago. He got re-married and never did new will or trust for his wife(8yrs) in CA. Which applies here the living trust/will or joint tenancy? or both? Her name probably appears on 1 car not sure of other assets. My sister is the executrix and is floundering, we need help!!!!!! THX


Asked on 7/24/07, 8:54 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Will/Trust before marriage or joint tenancy?

Joint tenancy will prevail over apparent conflicts in will or trust. If your sister is executrix she has the right to hire legal counsel to assist her in the process and pay from the estate assets. I advise she do so.

For good general understanding of all of this you might read or recommend she read my book written in lay terms which can be found on my website - www.yourlivinglegacy.info

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Answered on 7/25/07, 1:31 am


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