Legal Question in Wills and Trusts in California

hi my husband and I have been seperated since 2004, not legally but i did file for divorce in 2007 and it never got finished it was denied and i was told to refile some forms, well he just died on april 8th so now im a widow he has two children over 18 so what are my rights, only property is a harley and a car im also on ssi


Asked on 4/28/11, 12:49 am

3 Answers from Attorneys

If you were still legally his wife, you have rights to inheritance under intestate succession laws if he dies without a will. If he has a will, that legal document will govern. However, the children may fight you in court on the intestate succession if they choose to - stating that you were not living together as husband and wife. For purposes of ssi, the children have no right to that anyway. But, you might legally have a claim to it since you were still legally his spouse.

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Answered on 4/28/11, 8:17 am
Kurt Seidler Law Offices of Kurt A. Seidler APC

Look at how title to the bike and car are held. If they are held as "husband and wife as joint tenants" they now belong to you alone but the DMV will need to see a certified (blue background) copy of the death certificate and you will need to sign some forms. If they are held in his name only you can make the claim that they were purchased during the marriage with community property funds so they belong to you.

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Answered on 4/28/11, 9:59 am

I suggest you go down to the Self-Help Center at the court house and have them help you figure out what you need to do legally about the property. http://www.scscourt.org/self_help/shcflfo.shtml

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Answered on 4/28/11, 12:41 pm


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