Legal Question in Family Law in California
Parents ever married?
I just found out that my dad and his first wife were never divorced. He lived in Texas and had 3 kids with her before coming to California and ''marrying'' my mom. He is passed away now and my mom collects his Social Security and pension. Is this legal? Was their marriage ever really legal? And knowing this, can I legally accept any inheritance when my mom passes away? Wouldn't his first 3 kids be entitled to anything?
1 Answer from Attorneys
Re: Parents ever married?
Since it appears that your mother had a good faith belief that they were legally married she will be treated as if there was a legal marriage by California law. The answer would depend upon how his estate passed to your mother. Unless the other children come forward and demand a share of the estate proceed to accept it. There does not appear that any criminal conduct is involved. It would appear that the worst case is that they would be awarded a portion of hte estate.
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