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This is a discussion on My Dad's wife is trying to get the house within the Divorce, Seperation, and Annulment forums, part of the Family Law Forums category; We live in California. My dad is very sick and dieing of Cancer. He is currently on Hospice. Right before he got to this point with his cancer he put in a legal seperation from his wife of 2yrs. She was aslo escorted out of the house by the local ...
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We live in California. My dad is very sick and dieing of Cancer. He is currently on Hospice. Right before he got to this point with his cancer he put in a legal seperation from his wife of 2yrs. She was aslo escorted out of the house by the local sherrif prior to the filing of the legal sep. because my dad had gotten a restraining order and eviction due to adult depended abuse. So my dad was given the house on 4/16/04, he married on 3/10/06. The revocable trust and will spacificly state that his wife is to get nothing at the time of his death and that the house goes to his 3 children. His wife is now stating that she is going to be contesting the trust/will and that she has already gotten a lawyer who states she has full rights to the house since my dad did not have the house for 2 yrs prior to their marraige. The Deed is in my dad's name alone. Is this right? Can she get the house?
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This is a heavy duty question that should not be attempted to be answered by a message board. State laws on this issue may vary from state to state. Many attorneys will provide a free 30 minute consultation. Talk to an attorney asap.
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