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Protect your Spousal Rights After Death in California!
If you are a wife of a husband who just died, we hope our page will help, and our condolences!
Inheritance Rights of Spouses
The first thing you need to do is gather all your Trust and estate information right away to determine what you are entitled to. Make sure you are not an “omitted spouse.”
Spousal Rights After the Death of Another Spouse
What estate information to review after spouses death?
Here is a very brief list to protect your inheritance, and follow the links to learn more:
- Did your husband have a Living Trust? If there is a Trust, get a copy and read it to know your beneficiary rights.
- Did your husband have a Will? If there is a Will, get a copy and read it to learn your rights.
- Did your husband die without a Will or Trust? If so, he died “intestate.” Probate law will prevail, and once again, contact a trust attorney.
Now, if there is a trust or Will, who is the Trustee or Executor? If you are the Trustee, then learn what a Trustee must know. If you are not the Trustee, it’s essential to protect your spousal rights by contacting a Trust attorney.
Community Property When the Spouse Dies
Contact an attorney if you live in the home, and the Trustee(s) asks you to move out. By moving out, could put you in a predicament. It would be best to have backing from a trust attorney right away to protect your legal rights. There are various ways to hold title and time-frames may determine outcomes. It is essential to speak to an attorney.
Does a spouse or common-law marriage have the rights to the husband’s property after his death?
Sometimes, there are situations where the man and woman were never married (cohabitating) yet lived together for years. The woman then finds out the husband chose a Trustee, which is not her, to manage the estate. In some situations, the wife finds out he wrote her out of many assets. If this is you, read on.
As a wife or even a “life partner,” you have rights up to and above what the Trust states. An example is if you were omitted from the estate altogether. The Trust and or Will may also say you only receive x amount per month, leaving you destitute. Know your rights because you may be entitled to a percentage of the actual property and more. Don’t just go with the flow. You determine the path as this law area is complicated and riddled with nuances. How do you do this? Find a trust attorney with many trust dispute cases under their belt.
Here is a sample of thoughts and questions you will want to know:
- Any life insurance?
- Any Investment or retirement accounts
- How is the title of the home(s) held?
- Who has access to bank accounts?
- Contact your husband’s employer and find out about benefits.
- Contact your spouse’s former employers. There may be an old 401k plan, pensions, etc.
- Was your spouse a US veteran?
As you can see with the above information, the surviving spouse has options in the state of California but must fight for the rights should it be necessary.
Questions? Contact us today and learn more about Hess-Verdon & Associates. After thirty years in estate planning and trust litigation, you will know your right regarding your spousal rights.
We look forward to helping you.
Meet The Team
California Trust & Probate Litigation Lawyers
Are you looking for an estate litigation attorney in your area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in handling your specific issues. Siblings contesting the trust?
- Can a Trustee sue on behalf of the trust
- Can a Trustee be held personally liable
- Can a Trustee remove a Beneficiary from a trust
- Settling a Trust After Death
- Being a Trustee of a Trust
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