Legal Question in Wills and Trusts in California
A friend of mine passed away yesterday. He had been providing regular (daily) financial support to a Filipino woman, living in the Philippines, since 2004. This woman is not mentioned in my friend's will. She has not yet been notified of his passing. I would like some guidance on the appropriate way in which to inform her of this situation. I anticipate that she might contest the will, or move for some continued financial support. I am the executor of my friend's estate. Thank you for your input!
2 Answers from Attorneys
I'm sorry to hear about your friend's passing.
Reread the will. Perhaps there's a clause that gives you some discretion as to how to allocate the funds. Perhaps, too, your friend left a handwritten letter in his home as to his wishes about this person. Good luck. You should consult with a probate attorney if things should blow up.
When you re-read the will, see if there is a no-contest clause in it. That means if someone contests the terms of the will, they are disinherited from taking under the will. If such language is in the will, unless you find other evidence to the contrary, this person probably has no right to further financial support (unless she can prove they were legally married, or he is giving her child support via a court order in the Philippines, etc.). You definitely need the services of a probate attorney.
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