Legal Question in Wills and Trusts in California

my domestic partner died in 2008...he left no will or trust of any kind. we have been domestic partners with the City of Berkeley since 1995 ..although we lived in Oakland....have two children...aged 21 & 13. he purchased a home in 2006..and two vehicles...he is the only name on the deeds, title, etc and he also left money at two different banks with no beneficiary. i paid for all funeral arrangements even though we pre-paid for the cemetary costs...

my question is: who inherits my husbands estate and what are my options and where do i go from here? my friends are telling me that i need to file probate? is this very expensive?


Asked on 9/17/09, 7:19 pm

1 Answer from Attorneys

I believe the domestic partnership laws only apply to domestic partnerships registered with the California Secretary of State. Thus your case becomes messy! If you were a registered domestic partner, with the Secretary of State, then you would have the exact same rights as a surviving "spouse." Without that your case is tougher. You may be able to make a "Marvin" claim based on living together and contract law. You likely have a tough case ahead but in any event probate should be started by someone. Title can not be cleared to the real estate without probate (thus can not be sold or re-financed). You will be entitled to reimbursement for the funeral costs. You can also become guardian of the estate and have access to the funds for the minor child. You do need to file for probate... or someone does. It should be zero, or close to zero, up front. The probate attorney will get paid at the conclusion of your case. Call me and let's chat about your case! -John

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Answered on 9/17/09, 7:30 pm


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