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?

Related Topics:
1 Lawyer Answer
Martha Bronson
Martha Bronson
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.