California  |  Wills and Trusts

Legal Question

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

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?

4 Answers


Answered on: 6/10/13, 2:23 pm by Scott Jordan

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.


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Jordan Law Office 319 Diablo Road, Suite 202 Danville, CA 94526

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Answered on: 6/10/13, 3:21 pm by William Christian

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.


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Rodi Pollock 444 S Flower St Los Angeles, CA 90071

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Answered on: 6/10/13, 7:25 pm by Chris Johnson

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.


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Christopher B. Johnson, Attorney at Law 283 South Lake Avenue, Suite 200 Pasadena, CA 91101

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Answered on: 6/11/13, 1:57 am by Phillip Wheeler

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.


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Phillip D. Wheeler, Attorney At Law- caonlinelawyer.com P.O. BOX 665 Morro Bay, CA 93443-0665

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