My father originally had a separate Living Trust when he married his 2nd wife 13 years ago.According to her they changed the Trust to a common will which she claims there is noestate left from my father for me until she dies and their house is sold and divided amongmyself and her two children and her granddaughter.She won't give me the Attorneys name or his death certicate. Can I put a lein on the house so she can't Quit Claim the house to her children? How can I see the Will?Are heirlooms from my family automatically combined when they married unless my father designates them separetely?
State/Country relating to question: California
Hello,Thank you for allowing us to assist you with this problem.
I'm sorry to hear about this problem. If the trust was terminated for a Joint Will then which ever spouse dies first all of his/her assets become the ownership of the surviving spouse. Only after the surviving spouse passes does any of the estate pass down to heirs that are named in the Will. If your father has passed then you would not be able to place a lien against any property because legally his wife is the owner by the terms of the Will. You can go to the county clerk office to see if there is a will recorded and also contact the probate court to see if a will was probated. You would be able to review the terms of the will.
Practicing Attorney for over 20 years and College Professor for over 10 years
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