Legal Question in Wills and Trusts in California

Does a long term live-in boyfriend who did not have title on his girlfriend's house but paid his girlfriend monthly for rent and utilities through the years, have any claim on his deceased girlfriend's property or assets? He was not left anything in her will, and they had a signed agreement keeping their property separate. He is now conferring with an attorney, claiming that her estate was large primarily because of his financial contributions, and therefore he is owed a portion of the estate. Does he have a legal claim and can he re-open probate?

Asked on 9/03/09, 12:39 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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California does not legally observe common-law marriages; ilf they were not married, he has no claim as a surviving spouse unless she promised to take care of him [Lee Marvin case]. If they agreed to keep their property separate, and especially if his payments to her were as rent, then he has no claim on her assets. Under the law he would basically be considered "...a tenant wilth special benefits." If he can show what was his separate property he is entitled to that, but nothing that she earned nor had of her own.

Whether probate can be reopened depends upon what "probate" was done, when, his knowledge of it, etc. It would appear that his only chance of getting anything is to force a settlement based upon a fear of litigation.

Answered on 9/03/09, 1:32 am

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