QUESTION
What can I do to keep my mother from receiving anything once my father passes away?
Asked on Apr 21st, 2014 on Divorce - California
More details to this question:
Last march my father became very ill and found out that he has lung, liver, and kidney cancer as well as 3 tumors, 4 strokes and blood clots in his brain and it is too late to be treated so at this point he could go any time. Well since we found this out my mother who has been separated from my dad for the last 20 years will not divorce my dad and is planning to collect his social security and claim his house and everything that he owns when he dies. She and her boyfriend of 14 years are planning all of this from where she now lives in Wisconsin and I wanted to know how and what to do to keep her from receiving anything.
6 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you consult a probate litigation lawyer as to your options.
Answered on Apr 23rd, 2014 at 5:24 PM
2 Awards
If your father has capacity he needs to do a trust. He also needs to file for divorce. She is going to get something - that is what happens when you stay married.
Answered on Apr 23rd, 2014 at 5:24 PM
If that is his wish, he should form a trust immediately.
Answered on Apr 23rd, 2014 at 5:24 PM
Edwin K. Niles
If Dad is still alive and competent, get a lawyer to see him ASAP. He can leave all his separate property and his half of community property to you.
Answered on Apr 23rd, 2014 at 5:23 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The only person who can do anything about the situation is your father. He should have divorced her long ago if he did not want her to share in his estate.
Answered on Apr 23rd, 2014 at 5:23 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You father needs to sign a will and power of attorney immediately. If he does not do his estate planning, his wife will get her statutory share. He can sign a handwritten will but it must be witnessed and should be notarized. Best he gets a trust done to avoid probate fees as he has a house.
Answered on Apr 23rd, 2014 at 5:23 PM