Legal Question in Wills and Trusts in California

What can i expect if my spouse dies and i'm still married to him

my spouse and I have been separated for 3 years. I want to

know what I'm legally entitled to if he passes away. Can he

make out a will leaving me only $1. What would I be legally

entitled to with the 50/50 in effect? Also, I'm still

married.

My spouse owns property that he purchased before we got

married. Am I entitled to 50% of the appreciation of the property since we married or just the income that he's

making from the property.

Also, he started seeing someone shortly after we separated

(3 months)...does that give me any leverage if we get

divorced.

since with


Asked on 4/20/05, 8:54 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: What can i expect if my spouse dies and i'm still married to him

as long as you are not legally separated or divorced, each of you can at death dispose of your separate property and your half of community property in any manner that you specify by will (or trust).

if either does not have a will (or trust), the laws of intestacy will apply.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6450-6455

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=100-105

whether or not your husbands separate property held before marriage retains its character depends upon additional facts and review of documents.

for answers to the other questions, you should consult a qualified and experienced family law attorney.

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Answered on 4/22/05, 3:08 pm


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