When should you seek a lawyer for a spousal property Petition? What are your rights to your deceased husband’s estate in a Spousal Property Petition in California? These are commonly asked questions by spouses. A spousal property petition is a short way of inheriting your deceased husband’s estate or assets. This is a separate procedure than probate in California and in most cases, completely replaces the need for probate.
When should I file a Spousal Property Petition?
You should investigate the following facts to determine when to file a spousal property petition:
If there was no trust and the asset remains in your husband’s name.
If there was a will that leaves some or all of the assets to you.
If there is no will and the assets are community property.
If there is no will and the assets of your husband are separate property but the will leaves them to you, or you believe the asset may have been commingled with community property.
If you are not named as a beneficiary of an account of your husband.
If there are children from a prior marriage or relationship of your husband.
Sometimes, the Spousal Property Petition is combined with a Probate Code 5020-5021 Petition asking the Court to set aside a beneficiary designation to an account or policy where the property was community property.
When should you seek a lawyer for a spousal property petition?
You should seek advice from an attorney for spousal property petition just after your husband dies because there are some aspects of a will that require acting quickly. For example, California law requires that someone who is named as the executor of a will file the will in Court within 30 days from date of death or 30 days from the date the will is discovered.
If you are a spouse (wife, husband, or registered domestic partner) and you have questions about your inheritance rights in California, you should immediately seek counsel to protect your spousal rights. If there are children from another marriage or relationship, you should get advice from an attorney right away to be able to know what steps to take.
If your husband named a child rather than you as a beneficiary of an IRA, account, life insurance, pension or policy, you may have rights to that asset that you may be able to preserve by acting quickly to get a lawyer. If you wait too long, the child or beneficiary may claim that asset and you will then have to be filing a claim to unwind a transfer. If you act fast, you may be able to prevent the company from transferring or distributing that asset to the child, while you determine your ultimate rights.
Call to talk to our spousal property petition attorney, Mina Sirkin about your specific legal inheritance or inheritance law questions as a spouse or registered domestic partner. Call 818.340.4479 and don’t wait. Email us here: [email protected] re your Los Angeles California case.
