Legal Question in Wills and Trusts in California

Not legally married yet there is a Marital Trust

My Dad died 8/06. Marital trust is set up for wife number 4. I found out this morning that my Dad was never legally married to her. Aren't lawyers supposed to see a Marriage Certificate before they set up a Marital Trust? All of Dad's children hate the woman and want her out of our lives. What do we do? I haven't told my Dad's Trust Attorney that I know this information. However, he spoke to my sister yesterday and said it doesn't change anything if they were legally married or not. Is this true? Thanks


Asked on 1/10/07, 12:56 pm

1 Answer from Attorneys
Vandad Moheban Moheban Law Firm

Re: Not legally married yet there is a Marital Trust

Lawyers are not required to see a Marriage Certificate when preparing a trust.In order to best address the issues presented in your inquiry, our office would be happy to provide you with a afree 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com

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Answered on 1/24/07, 1:24 pm


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