Legal Question in Wills and Trusts in California

Unfortunately, there is no "common law spouse" here in CA. 401K accounts generally will have named beneficiaries and they will pass outside of Probate. If he did not name one, and he did not have a will or trust, then it will fall under Intestate Succession. This means that it will first pass to his issue (children) if he has any. If not, then it passes to his parents, if still alive. If not, then it passes to other issue of his parents, brothers and sisters, and so on. The California Probate Code is explicit in how intestate succession works.

You may have an argument because you have so any other accounts together, but it will be difficult. I would need to review the terms of the 401K and see what the provider's stand is before being able to make any further declarations.

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