Legal Question in Wills and Trusts in California
Legal Seperation verses divorce
My Father recently passed away. He was married to a woman who filed for divorce in 10/97 based upon a seperation date of 11/96. To my knowledge, it was never finalized for some reason or another. Is he still legally married, legally seperated or divorced?
She is using her position, stating she is his survivng spouse, saying she is next of Kin and has filed for Special Administrative powers of his will and estate.
1 Answer from Attorneys
Re: Legal Seperation verses divorce
The date of seperation is the date that community property rights officially end. So even though the divorce was not final she is not entitled to half of any assets after the date of seperation. She has no legal right to anything after 10/96. She cannot claim that she is the next of kin. I would need to speak with you in order to determine the next legal course of action that you need to take. I can be reached at 877-546-9918. The consultation is free. This way I can speak with you and get additional information so I can point you in the right direction.
John Hayes
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