Legal Question in Wills and Trusts in California

parents wills contradict each other

Mom past away 10 years ago, left her half of the estate to my sister and I, equally. Dad passed away last year, left 2/3 of estate to me and 1/3 to my sister, ignoring Mom's will. Mom's 50% distribution was never acted on. Now my sister wants me to buy out her 25% (from Mom's will). Does Mom's Will superscede Dad's since she passed away 1st, or is in a non-issue because Dad maintained ownership in full until his passing? Can my sister force a sale of the entire estate (60 acres) to resolve the issue of our Mother's 50% bequeath prior to Dad's death....which was never distributed or addressed until now??


Asked on 10/26/06, 11:54 am

1 Answer from Attorneys
Joshua Hale Hale Law Group

Re: parents wills contradict each other

The answer is complex. This is community property state. Therefore each spouse owns their property as community property in marriage unless otherwise stated. Regardless, I would be happy to discuss the details with you, and help you start the probate of your father's will.

Please call my office so I can better explain.

JDH, Esq.

619.298.1969

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Answered on 10/26/06, 11:57 am


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