When you suspect that the decedent was not married to the person who claims to be married to them, it is time to investigate. In many cases where the deceased did not have a nearby family member, often a person claims to be married to him/her and tries to take advantage of the inheritance law in California. Unlike some foreign countries, California does not have a forced inheritance statute. For example, someone can completely leave his wife out of his estate.
If there is no will, the law in California does provide certain types of assets to the surviving wife (assuming it is the wife that survived). These assets are community property. Separate Property or property that was acquired before the marriage does not all go to the wife in this case. It is very important to look at all of the assets and the character of the assets to determine the rights of a person who claims to be a wife or husband to the decedent. Assets acquired prior to a marriage are separate property. Where there is no marriage, the purported spouse does not get anything where there is no will.
We alert our clients to look for fraudsters claiming to be a wife. Caregivers often claim to be a wife or a husband, and marriages during the time a person was incompetent may be invalid. Talk to our expert attorneys in Los Angeles California about your family member’s estate case.
Call Mina Sirkin or video conference us online at 818.340.4479 and Email us here for an appointment.
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