if my widowed father bought a burial plot 39 years ago and his current wife wants him to sell it, can he just transfer it to his kids without her permission?

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if my widowed father bought a burial plot 39 years ago and his current wife wants him to sell it, can he just transfer it to his kids without her permission?

He bought 2 plot; my mother was buried in one. His current wife wants him to sell his but he wants to transfer it to his children. Can he do this without his wife’s “permission?” Or is it now community property, and thereby, hers? The wife “can’t find” his Will but cetrainly will do so when the time comes. Our father is in a board-and-care home. What rights do we children have?

Asked on May 14, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to ascertain what your father can do witht he burial plot he acquired 39 years ago is to see how title is held to it. If title is in his own name then it is his separate property and he can do whatever he wishes to do with it.

Since he bought it long ago before his current wife was in the picture, I suspect that the plot is his own separate property and he can do whatever he wishes to do with it.


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