If my father and late mother put everything into a family Trust, when my dad dies would his girlfriend have any legal right to his things?

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If my father and late mother put everything into a family Trust, when my dad dies would his girlfriend have any legal right to his things?

My mother died. My dad has had a live-in girlfriend for 14 years now. She (the girlfriend) was married to someone else and now collects her late husbands SS. She never married my dad. They are both in their late 80’s.

Asked on May 31, 2013 under Estate Planning, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

Assuming your dad dies first and he has not revoked the trust, everything would remain as it was.  However, generally these trusts are revocable.  If your father has revoked the trust, or does so before he dies, so long as he is of sound mind and not being coerced, that decision will stand, and whatever will he drafts in place of the trust will be enforceable.


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