QUESTION

If my husband had a trust/estate in his name only and has past away. Am I as the wife entitled to his estate ?

Asked on Jun 02nd, 2015 on Estate Litigation - California
More details to this question:
My husband inherited his parents estate approx. two years ago. He recently pasted away and his Financial Advisor suggested I get a court order proving that I am executor of his estate. We were married nearly 25years. He never completed the transfer on the death registration forms. Where do I stand?
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1 ANSWER

Probate Litigation Attorney serving Anaheim, CA
2 Awards
You probably are entitled to at least a portion of his estate, notwithstanding his transfer of the assets to someone else, based upon community property laws, but the devil is in the details and I would have to look at the trust language for clarity.   Who is the trustee of his trust and were your assets segregated from your husband’s during your long-term marriage?   As to assets NOT properly transferred into his trust, yes, you would have to petition the court to be named as executor so you have authority over those assets.  That would be completed in the Probate department.  This is a very simple answer to what could be a complex matter and, again, I would have to get a more complete picture to firmly state your position.    I hope you find this helpful. 
Answered on Jun 02nd, 2015 at 4:11 PM

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