Legal Question in Wills and Trusts in California

Common Law in CA?

My father just passed away. He lived with a woman friend for 15 years after his divorce from my mom. I am his only child and he had no will. His friend has said that she is not ready to give me pictures nor will she give me his truck as she says it is her only transportation. Does she have any common law rights and how should I proceed without having to get an attorney involved?


Asked on 7/01/09, 11:43 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Common Law in CA?

Is she proves she is a common law wife in court, she is entitled to a portion of the estate.

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Answered on 7/02/09, 9:50 am
Scott Linden Scott H. Linden, Esq.

Re: Common Law in CA?

I am very sorry to hear of your father's passing and now the troubles you are having with his woman friend. I know it only maks the situation that much more painful.

In reference to your question, let me first start by assuring you that there is no common law marriage in CA. As the only heir to someone who passed away intestate (without a will) you are entitled to his estate. Absent anything in writing to the contrary, you are entitled to all of it.

The first step is to retain an attorney, such as our firm, so we can contact the woman friend and make a proper demand on her. We will also need to gather the total of your father's assets to see if a Probate is needed. If so, we are specalists in that area as well.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 7/02/09, 9:08 pm


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