Ione, CA asked in Family Law and Estate Planning for California

Q: My father has a living trust leaving the property to me. His wife says he promised her the house, can she get the house?

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1 Lawyer Answer

Martha Bronson

Answered
  • Tracy, CA
  • Licensed in California

A: Most Living trusts are revocable - that means they can be changed during the life time of your dad- trustor (person who set up the trust.) What he wrote in his trust today could be changed tomorrow. As such, the answer to your question is yes, she could get the house. Further, she could potentially have an interest in the house with attendant rights, even if she is not named as the beneficiary of that property. If he has been married for a long time and your dad has used his earning and accumulations during marriage to pay the mortgage on the house, then there is likely a proportionate community property interest in the house, one half of which wife is entitled.

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