QUESTION
Does a marriage change an old will?
Asked on Apr 23rd, 2018 on Trusts and Estates - California
More details to this question:
My father-in-law wrote a will while he was in the Navy in 1988.. he got with my mother-in-law and 1997 and they were married in 2008.. he hadn't gotten around to changing his will and died suddenly from a stroke on april 12, 2018. the will in 1988 leaves everything to his children and they are wanting to kick my mother-in-law out and sell the house.. is there anything that can be done for her to save her home?
1 ANSWER
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As the surviving spouse, she is an omitted spouse under the will in which she would be entitled to all community property, and 1/3 of the separate property (if he had more than one child). She can also petition the court for a probate homestead to allow her to live at the home for the rest of her life. She also has the first priority to be the administrator of his estate. Contact an attorney for a full consultation.
Answered on Apr 30th, 2018 at 5:24 PM