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My mother-in-law passed away last week. My husband is sole…

My mother-in-law passed away...

My mother-in-law passed away last week. My husband is sole beneficiary of her trust. In the trust she claims that she is still married to my father in law but they divorced in the 70s. Does void the trust and put them at risk for having to go through probate?

Lawyer's Assistant: Since 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 a copy of the Trust

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

I think she claimed my father in law as a spouse on health insurance to cover him on her plan, are there legal exposures if they were divorced?

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Answered in 6 hours by:
3/23/2018
Jessica B
Category: Estate Law
Satisfied Customers: 1,854
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

For starters, the Trust is not void and therefore her assets should not have to go through probate. Now if she has assets in her sole name, and not titled in the name of the trust, those assets will have to go through probate.

Was the ex-husband listed as a beneficiary in the trust or only your husband?

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Customer reply replied 5 months ago
Only my husband.

Ok thank you. There should be no problem with the trust administration and having the assets distributed to your husband. The ex husband has no claim to any of the assets. It does not matter that he is listed as her husband since it was only for informational purposes and not as a beneficiary.

There could be some possible legal exposure for a possible fraud regarding the insurance, but it is highly unlikely the insurance company would pursue a claim.

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Customer reply replied 5 months ago
Thank you!

No problem! Please let me know if I may be of help in the future. Please remember to rate my service. Thank you!

Jessica B
Category: Estate Law
Satisfied Customers: 1,854
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
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