Legal Question in Wills and Trusts in California

cohabitation agreements

My Aunt, now deceased lived with a boyfriend for 30yrs. They had a notarized agreement keeping their assets/property separate. She left a will leaving her entire estate to her sister. The probate has ended and the estate was awarded to her sister. The surviving boyfriend's son is claiming that his Dad should have a large claim on the estate, since he paid money for rent and various other expenses for years. They have hired an attorney. The son is encouraging this litigation, His Dad had asked to be reimbursed for $25,000 he spent on house repairs, (his name was not on the deed) The sister agreed to pay him this amount, but the boyfriend's son said their attorney advised them not to sign the release of claim, which the sister was advised to get signed, before paying him any money. Does my Aunt's surviving live-in boyfriend have any claim on the estate, given that my Aunt did not put him in her will, and they had a signed/notarized cohabitation agreement keeping their assets separate?


Asked on 4/28/09, 12:27 am

1 Answer from Attorneys
Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: cohabitation agreements

The boyfriend may have had a claim, but he was obligated to bring a creditor's claim within the probate proceeding for your Aunt's estate. Since he failed to do so and the probate has closed, it is too late, and his claim is now barred. The Order Approving Final Account and Authorizing Final Distribution (the order that closes the Probate case) has an in rem effect, provided that the order is now final and nonappealable (i.e., 60 days have passed from mailing/serving of notice of entry of the Order, or otherwise, 180 days after issuance of the order). In rem means that the Estate is settled, and it is conclusive to all.

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Answered on 4/28/09, 2:32 am


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