Legal Question in Wills and Trusts in California
What am I entitled to?
My mother has been in a relationship with a man for 16 years but have lived together for only the last 5 years. He is dying of terminal cancer and has a touch of Alzhiemers. She cares for him as if she were his private nurse/maid. She cooks, cleans, takes him to and from the doctors all while working full time. He has told her she has no say in his burial arrangements nor does she have any claim to his personal property.
Is my mother entitled to anything? Does she qualify as his common law wife? If so, what are her rights?
He has two grown daughters who up until he became terminally ill, had much of nothing to do with him. Now he says, anything he has will go to them. Is that fair or legal?
Thank you.
2 Answers from Attorneys
Re: What am I entitled to?
California does not have a "common law" marriage statute. It only recognizes common law marriages that were completed according to statutes in other states while they married in those states.
She may have a claim against the man's estate in contract law for the value of the services rendered in the care of this person. Let me know if I can help.
Ken Koenen
Re: What am I entitled to?
Thanks for your posting. Unfortunately, the law in California does not recognize a common law marriage (unless another state recognized them as married via common law). Additionally, even due to her close relationship and case, she has no right to force herself into the will or make decisions contrary to his via burial.
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