Legal Question in Wills and Trusts in California

Death without a divorce

My best friend is in stage 4 of cancer. She has not seen or had any communication of her husband in 20 years. She has a 23 and 21 year old daughters. They have never recieved any child support either. She is afraid once she is gone he will try to get her 401 and life insurance and any other property she has. Last place they heard he was, was in Washington State. Does he have the right to any of her belongings. She feels she should try to divorce him but time is limited. She already has Hospice caring for her which means she may live 3-6 months. What can we do to help her in this time of need. Thank you so much for any advice you may have.


Asked on 6/27/06, 10:10 pm

1 Answer from Attorneys
Todd Stevenson Stevenson Law Office

Re: Death without a divorce

She should initiate divorce proceedings AND have an attorney assist her in drawing up estate planning documents as soon as possible.

If she has been estranged from her "husband" for twenty years, a good argument can be made by her daughters that he has no community property interest in anything earned post 1986.

Read more
Answered on 6/28/06, 12:03 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California