Legal Question in Family Law in California

My boyfriend is 90 and not in good health. We have lived together for a number of years and I look after him. He made a will some years ago in favour of his only Daughter. He now wants us to marry.

My question is:- If my husband dies without making a new will, does his daughter receive all his property?

Asked on 6/09/13, 9:00 am

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

It depends on how long you have lived together for. Anything over 6 years COULD entitle you to some community property. Marry, and nothing that is community property will be yours.

My opinion: get married ASAP or have husband draft new will in your favor.

This is general information only and based upon limited information. Facts that could change the outcome have not been evaluated

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Answered on 6/09/13, 9:15 am

Anthony Roach Law Office of Anthony A. Roach

If you get married, and there is no will, the surviving spouse inherits all of the community property. The surviving spouse also gets a portion of the separate property, which depends on how many children survive. Those are called the laws of intestate succession.

Note that there is no community property between parties who are not married.

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Answered on 6/12/13, 6:58 pm

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