Legal Question in Family Law in California

Re: Death After Legal Separtion

Dear Inquirer:

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If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Read your Judgment of Legal Separation. It should specify the division of all of your (formerly) community property, confirmation of your separate property, and rights of inheritance, if any. If you don't have a Judgment of Legal Separation that has been signed by a judicial officer and entered by the clerk, you are not "Legally Separated." You are just living separate and apart from each other.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: Death After Legal Separation

Community property and part of your separate property would go to your spouse until the order of dissolution is signed by the judge.

However, if you make a will or trust, you can give your assets to anyone you like, and this in fact is a good idea in your situation.