Legal Question in Wills and Trusts in California

I have a common law spouse for over ten years snd a 20year old son who I put up for adoption when he was born if I psss away snd do not have a will who would get my inherent.


Asked on 4/13/15, 9:45 am

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

There is no common law marriage in CA. I don't think a child you gave up would be an intestate heir either. Your intestate heirs would be your parents, if alive, if not, then siblings. You should make a will. Google CA Statutory Will form if you can't afford an attorney.

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Answered on 4/13/15, 10:41 am

Michele is exactly right. Once a child is adopted is is legally as if they were never your child, and there is no such thing as a common law spouse in California (or most states anymore for that matter). So if you are concerned about inheritance you need to make a will if you want it to go to the child you gave up for adoption, or make a will or at least get married if you want it to go to your life partner.

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Answered on 4/14/15, 3:00 pm


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