inheritance from boyfriend

[JG17]

I'm in California.
My fiance died last year and he specified in his will and his trust that our home should go to me - title should be transfered to my name. His former wife is claiming a very high amount against the estate. There is not enough value in his estate to pay her claim without selling the home I live in. Even though we believe her claim is only partially legitimate, the trustee is worried that if she takes us to court and wins, the home would be sold and I would be left out.

What rights do I have, if any, as a beneficiary of the will and trust? Even though we weren't yet married, do I have any kind of case if I try to fight?

 

[THE PRACTICE-20]

I'm in California.
My fiance died last year and he specified in his will and his trust that our home should go to me - title should be transfered to my name. His former wife is claiming a very high amount against the estate. There is not enough value in his estate to pay her claim without selling the home I live in. Even though we believe her claim is only partially legitimate, the trustee is worried that if she takes us to court and wins, the home would be sold and I would be left out.

What rights do I have, if any, as a beneficiary of the will and trust? Even though we weren't yet married, do I have any kind of case if I try to fight?

My response:

Let me guess . . . the "high amount" has to do with child support arrearages, right?

In California, the debts of the deceased get paid first, then disbursements are made to the heirs.

Looks like you may be house hunting very soon.

IAAL