Legal Question in Wills and Trusts in California
My Father passed away 3 weeks ago...My Brother and I are the children from his 1st marriage. My Mother at the time of her divorce from my father had a stipulation put into the divorce where my Father would have to have a will which awarded us kids 50% of the value of his entire estate...He remarried to a woman substantially younger than himself and not much older than my Brother or I...We found out that yes they do have a will which divides their assets into 4 equal parts upon her death...She is only 69 and my Father was 82...The problem with this is she could spend everything and it would leave us nothing...Their are two other children of her's from her previous marriage...My question is this...Would the Divorce Decree stipulation bring into play the fact that we should be paid our 1/2 of Dad's assets now or is it legal that it is set up to pay when she dies?
1 Answer from Attorneys
I'd have to read the divorce order to be sure, but it sounds like you'd need to make a claim for the 50% now, as the time to enforce your father's promise runs out (in most cases) one year from the date of his death.
Their current estate plan may meet the order's requirements, but it would require review of the order and will/trust to give a complete answer, and to advise you regarding protecting your share of the estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
