Legal Question in Wills and Trusts in California

I am getting ready to do a will. My dad recently passed away and left me and my 3 siblings property and mineral rights to the land. I have a same sex registered domestic partner. I was wondering if I could will her my 20% portion of the mineral rights?

Asked on 6/10/13, 2:19 pm

4 Answers from Attorneys

Scott Jordan Jordan Law Office
0 users found helpful
0 attorneys agreed

I am sorry for your recent loss.

Yes, you can leave property and mineral rights to your registered domestic partner. If the value of your estate is worth more than $150,000, you may also consider having a trust drafted to avoid probate.

Read more
6/10/13, 2:23 pm
William Christian Rodi Pollock
0 users found helpful
0 attorneys agreed

In general, if you have inherited prperty free of any trust or contractiual restrictions, you can leave your interest to anyone you choose. Please assure you do this right by using a will or trust. While there are now some protections in the law for registered domestic partners, you should do your part to assure your assets go where you want them to. A simple will or trust can avoid a lot of controversy.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

Read more
6/10/13, 3:21 pm
Chris Johnson Christopher B. Johnson, Attorney at Law
0 users found helpful
0 attorneys agreed

That should be fine, unless the land/rights were left to you with restrictions in the deed or perhaps in a trust. Otherwise, if it's left to you outright, as most gifts are, you're free to leave it in your will or trust to anybody (or any charity). Without making a will or trust, your partner would likely only receive a portion of the property under current domestic partnership laws.

Read more
6/10/13, 7:25 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law- caonlinelawyer.com
0 users found helpful
0 attorneys agreed

Yes, you can leave it all to your domestic partner. As mentioned above, I agree that if the estate is worth more than $150,000, you should consider obtaining a trust to avoid probate.

DISCLAIMER: This is general information only and based upon limited information. Facts that could change the outcome have not been evaluated. This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of a retainer agreement hiring me or my firm.

Read more
6/11/13, 1:57 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?

Get Free Legal Advice

88122 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now