Ocotillo, CA Estate Planning Law Firms & Lawyers

Assuming wife died first, did the car then become his? Probably so, even though he did not complete all the appropriate paperwork. That would mean that it is part of his estate, and does not go to her other relatives. If he had a will leaving it to somebody else, or if they died simultaneously, the answer likely would be different.

Assuming the mother is lucid, it is her Trust, and only she can amend, revoke or leave alone on the question of whether your husband can be named a co-trustee. As to the lawyer who drafted the Trust, the lawyer represents your mother, not the person who pays the lawyer fees for preparation of the document. You may want to seek the services of another lawyer in your local area, who could advise you about a conservatorship for your mother and her estate, particularly since she cannot remember having signed any documents just preceding your husband's visit with her, and obtain a court order the trust is not a valid instrument. Lastly, should his mother die before anything can be accomplished in determining her intent at the signing of the documentation, then your husband is entitled to a copy the trust at death or soon thereafter, and from his review determine whether he wants to seek a lawyer for probate litigation purposes, to determine his mother's intent and the validity of the Trust; she may have intentionally excluded him as stated in the trust, and the exclusion would be valid; who knows.

The estate is liable for the debts of the decedent, unless someone else guaranteed the debts or was a co-debtor. If the estate has more debts than assets, some creditors will simply not get paid. You should open a probate of the estate and publish notice to the creditors; this gives them 90 days to assert their claim against the estate or they lose it forever. Then you can respond to the individual creditors who file claims and let them know if there are or aren't assets to pay the claims.