Can’t Give Away What Isn’t Yours | Spousal Estate Elections

Can’t Give Away What Isn’t Yours | Spousal Estate Elections

• March 10, 2021 - Estate Litigation, Trust Litigation,

I’m Mike Hackard of Hackard Law. We work at being one of California’s leading estate and trust litigation law firms.

We see a lot of cases. It’s not possible to take them all. In fact, we can only take a fraction of the cases offered us.

Time has its limits. Of course, litigation requirements have severe restrictions. Restrictions that we must meet in our current caseload. Restrictions we must consider in accepting new cases.

Still, we seek to serve as many clients as is reasonably possible. Our clients are often family members of the maker of a will or trust.

Surviving spouses have recurring legal issues. Spousal rights of election are commonplace. A spousal election arises when the maker of a trust or will indicates a belief that he is disposing of his entire estate, including the community property owned with his spouse.

The effort is misguided. If the decedent’s entire or part of his estate is community property, the surviving spouse’s claim to half of the community property is not an inheritance. The spouse already owned half of it.

It’s a rule that we learn as children. We can’t give away what isn’t ours.

At Hackard Law we litigate estate and trust disputes on behalf of beneficiaries across California. If you’d like to talk with us about your case, call us today at 916-313-3030. We’ll be happy to see how we can help you.

Hackard Law: Attorneys Making a Difference.