Legal Question in Wills and Trusts in California

Re: Legal rights of a living Spouse

Howdy:

If the spice (shouldn't that be the plural of "spouse") were not divorced, and the decedent died without a will or trust, the surviving spouse might have rights under the intestate succession rules.

If they were divorced, than the surviving ex-spouse might only have standing if there were no other living blood relatives.

Re: Legal rights of a living Spouse

The state of California has specific rules regarding those who are separated. I will provide you with the code later in the day.

Re: Legal rights of a living Spouse

Unless the deceased persons' will/trust excludes the spouse, the surviving spouse does have rights to the deceased spouse's property--these vary according to the type of property (separate or community) and how title was held, so have an attorney review the ownership and advise you.