Legal Question in Wills and Trusts in California

California does not recognize common law marriage. California will recognize a valid common law marriage entered into in another state that does recognize common law marriage. With that said, the question arises whether your father had put his assets in the girlfriend's name (such as title to property in joint tenancy, etc.) or whether he had prepared a will or trust, or a contract to make a will. As a girlfriend, alone, she would not have standing to inherit under the laws of intestate succession.

Though California does not recognize common law there can be a common law marriage if valid in another state (a law I have never understood) but aside from that long term live in's often make a claim under other theories (like contract) after death. The key for you is to get the probate started right away and take control of the situation. Call me and I can give you more guidance. -John

Without a will or trust, your father's estate will pass by the laws of intestacy and a probate of his estate will be necessary (unless he owned no real property and his total estate is less than $100,000). The power of attorney is not valid after his death. Unless his significant other is jointly on any accounts or property, it is not likely that she has any rights to his estate. Please contact my office if you need an attorney to assist with the probate.