Father remarried, died florida with revocable trust made in ca with late wife 1996 funded solely with community propert

Question

that my mother willed to the trust. New wife wants share. Does she get share of full estate, or just share of his half? This was not an a/b trust, and he was able to revoke, modify, etc...what happened to my mother's half??

Barry W. Kaufman · Answer

You will need to retain an attorney. Nobody online can read the Will or can know what's really going on.

Phillip William Gunthert · Answer

Very sorry for your loss and the passing of your father, please accept my condolences for you and your family. You will need to have the Trust and any Will reviewed, it will also depend on whether a prenuptial or postnuptial agreement was signed, it will depend on what alterations and changes your dad made to the  Trust/Estate Plan, it will depend on what assets existed prior to marriage and which ones were commingled, it will depend on if any property is Homestead, pay on death, transfer on death, jointly owned, rights off survivorship, and know that a surviving spouse has substantial rights in Florida as it relates to Homestead Property, marital rights related to probate estate (marital spousal share, half interest minimally in homestead or life estate, etc.). There is no obligation to leave anything to adult children, so if your dad changed his Will or Trust then the terms of those documents will govern who rece4ives what, with limits on excluding a surviving spouse (which he cannot), so while you can exclude adult children, you cannot exclude a spouse no matter what the estate planning documents say unless a prenuptial agreement was signed. As you can see and imagine, a lot is going on here potentially that needs to be addressed.

Q: Father remarried, died florida with revocable trust made in ca with late wife 1996 funded solely with community propert