Estate Law
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Answered in 9 hours by:
12/24/2016
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 140,690
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
VerifiedThank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, unless he had a will giving you the gun, because he did not transfer it to you yet it is part of his estate and goes to his heirs. Now, the court would have to decide who his heir is because if he has not yet completed the divorce his spouse is still the first heir in line without a will to the contrary. His mom and dad would be next heirs in line. So if the court finds that because of the divorce proceeding that she was no longer entitled to be considered surviving spouse, which is not generally how the CA courts work, then this gun would go to mom. However, chances are more it will go to the surviving spouse as part of the estate.
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Thank you for your reply.
It would be for all property. If the accounts were joint, then she gets them as a joint tenant owner of the accounts. The bank is not correct that the first one to bring in death certificate wins, if she was surviving spouse and the bank gives it to someone other than the legal heir, the bank will be liable. Probate has to be filed though.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 140,690
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
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