Living trust and will
My dad had made living will and trust about five years ago or so. He recently got married about eight months ago and is she entitled to any of his property he aquired before the marriage even though the does not mention his current wife’s name anywhere on the will?
Re: Living trust and will
Unless there is a valid premarital or postnuptial agreement otherwise, she may be entitled to part of his estate (even if separate property assets are not commingled with community property assets acquired after marriage).
See Probate Code Section 21600 et seq. at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
Estate plans should always be reviewed and updated by a qualified attorney after (or during) divorce or prior to (or after) remarriage.
Donald Field
Donald L. Field, Jr., Attorney at Law
400 Montgomery Street, 6th Floor
San Francisco, CA 94104-1217
Re: Living trust and will
His assets before the marriage are his private property, but if he mixes it with after marriage property it could be transformed into community property, if they are living in California, which would mean his current wife is entitled to the property. Wills are only as good as the last amendment to them; by a valid writing the heirs can be completed changed. I would guess his living trust is not an non-revokable one so that can also be changed.
So yes, his new wife who you do not like could get all of his assets and give it to all of her children and freeze you and your mother out. It is best to talk to you father about the situation.
George Shers
Law Offices of Georges H. Shers
4170 Glenwood Terrace, Suite #1
Union City, CA 94587