Legal Question in Family Law in California
My brother's estranged wife divorced him in June of 2010. He passed away in September of 2010. During this time, before and after he died, I used his seperate IRA to pay for his living expenses. These included medical, funeral, insurance premiums, pharmacy, transportation and attorney fees. Can I get his widowed wife to pay back 1/2 of these expenses under California community property laws? If yes, which expenses qualify and how do I go about doing this?
Asked on 4/05/11, 12:15 am
1 Answer from Attorneys
James Goff
James R. Goff, Attorney at Law
The divorce decree ended your brother's relationship with his ex-wife. After the divorce she has no obligation to pay for his needs. Any obligation of the wife to fund your brother's expenses should have been litigated in the divorce.
Answered on 4/09/11, 3:12 pm