Legal Question in Wills and Trusts in California

moms will states that son has living trust to live on estate till death. then estate is to be split equal between the four daughters the one daughter has died who was appointed ex. she had a husband that she left her 1/4 share. the will states that the remaining 3 girls get equal parts does not mention any spouses . does the husband have any legal rights to the estate.


Asked on 6/22/12, 7:40 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

would have to look at the language in the trust.

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Answered on 6/22/12, 10:45 pm
Anthony Roach Law Office of Anthony A. Roach

I think you are mixing up some language issues. As Ms. Cusack states, the paperwork would have to be reviewed. It sounds to me like the will left a life estate in specific real property to the son, and the remainder go to the surviving daughters, who are called "remaindermen." But I cannot tell if a trust is created for the entire estate, by the will, or whether the remaindermen are to divide other portions of the estate.

You need to have these documents reviewed by a competent attorney. I could advise you, for a small fee, if you want to send me a private e-mail and are capable of getting the documents to me.

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Answered on 6/26/12, 4:35 pm


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