Legal Question in Real Estate Law in California

Legal title to home

prior to our marriage, my husband gave to his ex-wife,in the event of his death a paper stating that she would be executor of the house for his, that we are maried, is this still legal?.would she be able to put me out in the event of my husband's death? do i have any legal recourse..

Asked on 7/20/01, 8:30 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Legal title to home

It would be very difficult, if not impossible to answer your questions without knowing what type of documents your husband gave to his ex-wife, how title to the property is currently held, whether the property was owed before your husband's divorce and, if so, how it was dealt with during the divorce. You should probably arrange for a consultation with an attorney in your area so that the attorney can ask you questions about the specific facts of your situation.

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Answered on 7/23/01, 2:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Legal title to home

The term "executor" refers to a person named in a will to carry out the instructions of the will and perform other duties specified in the Probate Code. One normally names an executor in the will itself, or in a codicil. Therefore, it seems likely that your husband has made a will.

Since his family circumstances and legal status have since changed, he definitely should make a new will. Once properly made and witnessed, the new will replaces the prior will. It would also very likely render any inconsistent provisions in the 'paper' he gave his now ex-wife invalid, if they ever were valid.

This entire matter should definitely be handled for the two of you by a local estate-planning attorney. Second marriage situations require careful and thoughtful planning so that the rights and wishes of the parties are handled properly. There are many impoverished widows and disappointed children in California, left that way by failure of someone to act on estate planning while that was still possible. There is an almost equal number of laughing ex-wives with unintended fat bank accounts.

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Answered on 7/23/01, 3:45 pm

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