Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My wife insists that in the trust for two houses, two cars…

My wife insists that...

My wife insists that in the trust for two houses, two cars and furniture she won't agree to 50% community property because she paid most of the mortgage. She did not want to agree that the surviving spouse upon death will get the house and what ever is in the will regarding her share will be distributed to her siblings accordingly. Does it mean because I did not pay the mortgage but paid all the utilities, drive her everywhere because she can't drive, take time off work to drive her to work because no buses to take her there so now I should have less than 50% California community property law?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

We have the deeds.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Should the trust be revocable so that if divorce comes prematurely we can sell everything or irrevocable. I want my 50%

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 minutes by:
8/18/2017
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,021
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

.

Was all the property that is in the trust acquired during the marriage?

.

Was any of it inherited?

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 10 months ago
during marriage

Ok, if nothing was inherited, and it was all purchased during the marriage, then it doesn't matter who paid for it, everything is community property and you are both 50% owners of it. Any money earned during a marriage is marital money and community property. So it doesn't matter if she paid the mortgage and you the bills, you are equal owners.

.

But if a divorce is a possibility, then revocable is better because you can just cancel the trust, pull everything back out, and divide it evenly.

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 10 months ago
I can call you tomorrow, because she is sitting right accross me now
Customer reply replied 10 months ago
What's your direct line?

Those phone call offers are not generated by me, but rather by the JustAnswer website. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

.

However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

I am more than happy to continue on the website though..

Ask Your Own Estate Law Question
Customer reply replied 10 months ago
Well, I didn't click the call me button as of yet. What's the law though. Don't the Community property law protect both spouses 50% each after 30 years of marriage?
Customer reply replied 10 months ago
She thought that because she paid the mortgage from2012 she is entitled to have more not only 50% and I will have less. My research shows that she is wrong, becaue it;s community property.

Yes, were you not able to see my answer above?.. I will copy it again..

.

Ok, if nothing was inherited, and it was all purchased during the marriage, then it doesn't matter who paid for it, everything is community property and you are both 50% owners of it. Any money earned during a marriage is marital money and community property. So it doesn't matter if she paid the mortgage and you the bills, you are equal owners.

.But if a divorce is a possibility, then revocable is better because you can just cancel the trust, pull everything back out, and divide it evenly.
Ask Your Own Estate Law Question
Customer reply replied 10 months ago
Thank you sir you are a genius. I thought so all along.
Customer reply replied 10 months ago
I thank you I have my answer.You are the best

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work. Bonuses are optional, but are highly appreciated.

.

.

Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,021
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,021
42,021 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

42,021 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If a beneficiary of a trust has been living in a house owned
If a beneficiary of a trust has been living in a house owned by the trust, is there a way that the trustee can begin charging rent, perhaps as a step before eviction?… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 satisfied customers
In the case where a member of a Close Corporation dies, does
In a case where a member of a Close Corporation dies, does the appointed executor automatically assume the role of a member in the CC - with all the benefits and duties or are there formalities to sat… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I hearby give ,devise and bequeath all my estate ,real ,personal
I hearby give ,devise and bequeath all my estate ,real ,personal and mixed as follows: does this mean house cars bank accounts excetra? This comes from grand mothers will.… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
This question is in regards to estates and trusts in
This question is in regards ***** ***** and trusts in California. Myself and my two cousins are the majority beneficiaries of my fathers estate estimated at 8 million dollars. We each received approx … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Will the administrator of an estate make decisions until the
Will the administrator of an estate make decisions until the executors are appointed since they are different ? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Need small estate aff. need small estate aff. Illinois. Will
need small estate aff. need small estate aff. JA: Estate laws vary by state. What state are you in? Customer: Illinois JA: What documents or supporting evidence do you have? Customer: will JA: Anythin… read more
LegalGems
LegalGems
Juris Doctorate
12,219 satisfied customers
We gave a Life Estate to our dad. We purchased the estate
We gave a Life Estate to our dad. We purchased the estate and care for him for an additional $1500. We have beliefs that do not include pork or shellfish and as such we do not have it in the house. Da… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Have a big estate problem. Dads estate is worth millions of
Have a big estate problem. Dads estate is worth millions of dollars and the real estate is being liquidated to fund the trust and we are not getting disbursements. This is in Texas. The lawyer and co … read more
Jessica B
Jessica B
Juris Doctor
1,246 satisfied customers
According to the will, estate beneficiaries are entitled to
According to the will, estate beneficiaries are entitled to inherit furniture in defendant's residence. For various reasons, distribution to them cannot yet be made. However, the residence, which is n… read more
LegalGems
LegalGems
Juris Doctorate
12,219 satisfied customers
My brother is executor of my dads estate - in the estate is
My brother is executor of my dads estate - in the estate is a manufactured home that I lived in with my father for over 6 years. My brother gave me a 60 day notice to vacate. Can he do that? The home … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
California Estate Taxes - how soon is the estate responsible
California Estate Taxes - how soon is the estate responsible for filing an estate as of death taxes?… read more
LegalGems
LegalGems
Juris Doctorate
12,219 satisfied customers
Estate Cases. Need a Lawyer who is current on. +Estate in
The deadline is near ,need help.It's about our Mother and her death ,propertys… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,020 satisfied customers
Can a life estate be broken if the person has abandoned the
Can a life estate be broken if the person has abandoned the property?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
How do I calculate the value of a life estate in real property
How do I calculate the value of a life estate in real property? The age of the person is 58. The vaue of the property is $300,000.… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,169 satisfied customers
Can you explain the wording in a will to me
Can you explain the wording in a will to me?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
In Pa. when can you issue Estate Notices in the newspaper and
In Pa. when can you issue Estate Notices in the newspaper and over what period of time must they be posted? How many times must the notice be listed? Are you requiered to list the estate notice in mor… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a life estate agreement be reversed in court? If so how
Can a life estate agreement be reversed in court? If so how difficult would that be?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
How do you determine basis of property inherited 20 years ago
How do you determine basis of property inherited 20 years ago if you don't know what the fair market value was back then?… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x