Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

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

and furniture she won't agree...
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?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: What documents or supporting evidence do you have?
Customer: We have the deeds.
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 38,992
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 3 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 3 months ago
I can call you tomorrow, because she is sitting right accross me now
Customer reply replied 3 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 3 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 3 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 3 months ago
Thank you sir you are a genius. I thought so all along.
Customer reply replied 3 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: 38,992
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
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38,992
38,992 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

38,992 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,107 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,025 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,840 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,453 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,166 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Can a life estate be revoked if the original property owner
Can a life estate be revoked if the original property owner wants to get the property back in their name. … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,107 satisfied customers
This is regarding an ESTATE if the named beneficiary (who is
this is regarding an ESTATE if the named beneficiary (who is not in the will), they have to turn over the 401k assets from the deceased to be dispursed according to the will?? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
38,992 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,107 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
902 satisfied customers
The executrix of my aunt's estate sold the real estate and
The executrix of my aunt's estate sold the real estate and didn't inform the beneficiarys or make any payments as the will instructed. … read more
LegalGems
LegalGems
Juris Doctorate
10,370 satisfied customers
My husband is a beneficiary, of his mothers estate, which
My husband is a beneficiary, of his mothers estate, which conststs of a bank account and a house. The executor wants to move forward with a partial distribution of the money in the bank account, to be… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,107 satisfied customers
My wife has been designated the Administrator of the Estate
My wife has been designated the Administrator of the Estate of her late Brother Alex. She has 4 other sisters, one of whom has been in an institution since the age of 5 and is a Ward of the State of P… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,102 satisfied customers
My wife is the Administrator of an Estate in PA, she has
My wife is the Administrator of an Estate in PA, she has four sisters - but one is is mentally handicapped and has been in a State Institution since she was five. Her Mom died with no will. Can the St… read more
Barrister
Barrister
Attorney
38,992 satisfied customers
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have more estate issue: right to occupancy vs. life estate
I have more estate issue: right to occupancy vs. life estate and what it means if a tenant is renting outside the primary residence. The deed is set up 50% trustee (me) and 50% stepmom's trust. Trust … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
435 satisfied customers
The attorney representing my brother's estate, no will was
The attorney representing my brother's estate, no will was left, was hired by my older sister.6 mnths. later he still has not returned my call. I was told since she hired him he did not have to call m… read more
socrateaser
socrateaser
1,031 satisfied customers
This is a continuation from a previously asked estate
This is a continuation from a previously asked estate question regarding my Mother. So my mom left very little in terms of an estate but did leave a Will. At first glance she appeared to be insolvent,… read more
Barrister
Barrister
Attorney
38,992 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
435 satisfied customers
Does CO Estate or CA estate law, since the home is located
Does CO Estate or CA estate law, since the home is located in California, require the home to have an appraisal at a required point in time after the death of the decedent whose home is in a trust?I a… read more
Barrister
Barrister
Attorney
38,992 satisfied customers
I am co-executor of an estate. My estate attorney and
I am co-executor of an estate. My estate attorney and co-executor had a private email followed by a phone call which I was unaware. Once I found out I asked for a copy of the email which was eventuall… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,107 satisfied customers
Can a co-executor of an estate share emails from the estate
Can a co-executor of an estate share emails from the estate attorney to beneficiaries of the estate without the attorneys consent?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,107 satisfied customers
I have an estate problem. The Estate is in New Jersey. There
There is an executor and co-executor of the estate. My brother is the other executor. There was a will stating the distribution ratios. My brother felt he wanted it all. I wanted the will to be distributed as stated. … read more
Barrister
Barrister
Attorney
38,992 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