My father passed and had a living trust and will naming all his children, 4 and step children 3 of which 1 is living, bequeth all his property, assests etc into the family trust. Problem is his 2nd wife, not my mother passed 15 years ago,he did change the trust to just him. He re-married 2 years later. He did not change anything in the trust to this current step mom. Everything is still or is left to the children. This is california, I understand community property and surving spouse, but the house he left was purchased with my first step mom during their marriage not during this 2nd step mom marriage. Trust lawyers are stating that this surviving spouse has right to the house even though it was not purchased with her in fact the deed is only in my fathers name. Im confused on how this could be, why have a will or trust if a person can not leave his or her property to whom they want. We as the children are agreeable to a portion of the house after it sells to the surviving spouse but not certainly half. They were married 13 years. She did not work and father was retired and left his retirement into his trust. Help!!
Hi. This is a complicated problem and you need a lawyer. Basically, in many states, irrespective of the will, a person’s spouse is entitled to certain things, including the residence. But you need counsel to make sure that any interest she has is clearly delimited and that ultimately his will prevails. Good luck.
My sister just died and she had about $700 in the bank, furniture in her apartment and a bunch of clothes. She owes two credit card companies around $22,000. Do I need to pay off my sister’s credit cards after she dies?
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The simple answer is ‘no,’ and do not let credit card companies try to convince you otherwise. The only person responsible for your sister’s debts is your sister ( or potentially her husband if they comingled assets or lived in a state that recognizes community property). Credit card companies only care about liquid assets. They... read more