Legal Question in Wills and Trusts in California
I have been with this man for over 13 years ,we have 2 kid's together and have always lived together.we had nothing , no money or property
two years into our realationship He inhairited a large sum of money after the passing of his mother and we bought a house and may buy anouther .
WE are both married but not to eachother . He has a wife and 1 child from before we met.
My question is if something were to happen to him ,would his prier family get every thing ?
2 Answers from Attorneys
Yes, you yourself legally are entitled to nothing; since the two of you are not married, nothing that both of you have earned in 13 years is community property. If you split up, you might be able to get back the amounts you can clearly show came from the money you earned, but that will be a difficult process unless you were not earning wages so did not put in any money [your labor is given $0 value].
Your two children, however, for the purposes of a Will ,are treated like the child with his wife.is treated. But since you are not married, you can not get child support and would have to sue on the basis that he has an obligation to take care of his child so should pay you something [I do not know if that would work].
It depends on whether you are on the title of the house and bank accounts. If everything is only in your partner's name, it depends on whether he has a Will. If neither, you would not inherit anything. The wife would probably get 1/3 (if no legal separation) and 2/3 split between his three kids.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
