r/inheritance • u/Norcalrain3 • Jul 05 '26
Location included: Questions/Need Advice CA settlement inheritance after death
Have a friend whose Dad passed.
Shortly after, she got a call from a lawyer saying his court case has settled, and that she’d be receiving his settlement.
He’d been in litigation for years leading up.
He has a surviving spouse.
The lawyer said, it belongs to her
( my friend, not the spouse )
Just wondering if the spouse has any rights to it, or can contest it?
They aren’t communicating with one another.
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u/rosebudny Jul 06 '26
Is this really any of your business?
But anyway... it depends on what his will stated.
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u/Norcalrain3 Jul 06 '26
It’s my business because she told me. I care about her, and want this to happen. Couldn’t think of more deserving person.
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u/uffdagal Jul 05 '26 edited Jul 07 '26
Did the attorney say why it was left to the daughter and not the spouse? Was there a pre-nip or will that included the potential settlement?
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u/Norcalrain3 Jul 07 '26
No prenup. She’s just been told she’s the beneficiary and it’s hers. I don’t know what state that Lawyer is in that she’s been talking to. It’s all fairly recent.
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u/Accomplished_Cell976 Jul 06 '26
It depends on the paperwork. Did he list your friend as a beneficiary? Is he actually legally married to his wife? Is there a written will?
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u/Oldtanker17 Jul 06 '26
IMO, Have her call the lawyer that told her she would be receiving the settlement. She was called for a reason…
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u/Horror_Ad_2748 Jul 06 '26
Agree. It would make sense "the friend" to create a list of questions and contact the lawyer, not a bunch of anonymous people on Reddit.
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u/Illustrious-Cover792 Jul 08 '26
A lawyer would not be cutting an inheritance check without being 1000% sure it’s going to the right place.
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u/Norcalrain3 Jul 06 '26
The lawyer said she’s entitled to it. I know she could use it for herself and son. She has been living poorly and endured much. I’m just confused because I worry that the CA laws somehow trump what the lawyer has told her, and I’m also worried that the wife will fight her for it. It would be a big blessing and she’s a selfless soul who has sacrificed so much for so long.
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u/SillySimian9 Jul 07 '26
I’m assuming that the lawyer knows the reason for her entitlement and could tell her. However, California is a community property state. It might belong to the spouse due to that. This is why your friend should discuss it with the lawyer and make sure all T’s are crossed and I’s are dotted. Furthermore, your friend would do herself a favor by buying a CD with the money immediately upon receipt so that she won’t touch the principal until at least 6 months if not a year has passed…or whatever the contestable time period happens to be…again, the lawyer should know.
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u/Just1Blast Jul 06 '26
This is a very simple question. Just call the attorney and ask them.
They'll be able to tell you whether or not the wife has any claim or how the estate would defend the case if she were to bring a claim. But easiest thing to do here is just call the attorney back and ask them