Legal Question in Elder Law in California

Friends father has been missing since 7/26/09. 8 days prior he married his childhood sweetheart from another state. They did marry in CA. She now has moved into his house. It is not in her name. Do his kids have any rights over the house while he is only declared missing?

The new wife had never lived in the house. She was a visitor for 8 days...they married...she went back to her home state to pack her belongings. Was notified that he was missing...flew to CA and took possession of the house.

If she has a right to stay in the home is she responsible for the expenses of the home? Mortgage, taxes, etc and is there any protection for his estate (which is considerable) while he is missing?


Asked on 8/30/09, 3:52 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

A conservatorship may help--filing with probate court to have someone appointed to take care of his assets while he's gone. As a spouse, she would have priority to be appointed, but given the short length of the marriage, the court may prefer to appoint a blood relative.

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Answered on 8/31/09, 1:10 pm


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