Q: My aunt died in 2012 with a Will saying she left $25k and her “community property interest “ in her home to me but only
After he moved or died. He sold their home, bought another and died in 10/20 leaving all to his daughter. Do I have a remedy to collect my aunts share of CP left to me in her Will from his estate ? they had no kids together and a 30 + year marriage. He created a Trust after her death but didn’t put his new house in it.
A: As of the date of your Aunt's death, you own her 1/2 of the community property, subject to her spouse's right to live there. At surviving husband's death you should have received your Aunt's remaining 1/2 of the community property. She can only give away her 1/2 of the community property. She gave her 1/2 to you. You need an experienced wills and trusts attorney to help you with this.
1 user found this answer helpful
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.
