Legal Question in Family Law in California

Who is the Legal Next of Kin in California

Who is the legal next of kin in this situation. First wife was never divorce from her husband and separated 30 years ago. Husband married a second wife who died after 20 years of ''Common Law Marriage'' and the husband married a third wife who buried him in CA. Deceased Husband left his entire estate to his oldest daughter of his first marriage. His first wife is a live and well. Who is the legal next of kin in control of his remains in a CA cemetery? The first Wife? or

The Third Wife who signed the funeral papers for the late husband?


Asked on 1/30/08, 10:37 pm

1 Answer from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Who is the Legal Next of Kin in California

Sounds like you can argue for either spouse. I'd probably lean towards the third wife.

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Answered on 1/31/08, 1:00 am


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