Legal Question in Elder Law in California
Was the union legal?
My father just passed away.He was 90. A woman who he dated for 18 years, and always refused to marry becaus he wanted to protect my rights claims they were married last year. I asked to see the marriage certificate and her name is signed, his is typed. I asked her why and she shrugged her shoulders and said maybe he had arthritis. Is this marriage legal? I am his only child.
Also, because my father and I were estranged during the last two years of his life, speaking only by telephone, if he omitted me from his will, do i have any claims? The woman claims she never signed any will. I am sure if there was a will composed it was composed by a notary public, not an attorney.
note: We were able to reconcile shortly before his death, when I found out how ill he was. Pls help.
4 Answers from Attorneys
Re: Was the union legal?
If he never married her and her name was not on his property, the girlfriend would have very few rights. It is very possible, however, that she forged the marriage certificate or got him to sign a will or a trust. You should try to obtain his medical records and consult an attorney as soon as possible. You may have a good case, but some investigation is required.
Re: Was the union legal?
I would be very suspicious of the unsigned certificate.
Re: Was the union legal?
You will need to file a claim in probate to dispute the facts you raise. You must do so promptly, so contact me if interested in discussing the facts and rights.
Re: Was the union legal?
It sounds suspicious, but medical records would be needed to be sure. You should consult with an attorney about your options, as there may be some deadlines coming up if there's a trust or probate involved.
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