Legal Question in Wills and Trusts in California
Marriage, wills, inheritance
A man married a woman and had 5 children. After two decades of marriage, they separated without any legal divorce. The man found another woman and had two children, but the couple is obviously not married. They have been living with each for 15 years. If the man were to pass away, would the first wife who is still legally married to him inherit any of his wealth or real estate? Suppose that the man wrote a will that states that the second wife should inherit everything, does this mean the first wife receives absolutely nothing despite the legal marriage? If the man has indeed written a will that allocates nothing to the first wife, is there anything that the first wife can do to make any claim on the inheritance?
2 Answers from Attorneys
Re: Marriage, wills, inheritance
The community begins at marriage and ends at separation. The wife is entitled to half of the community property accumulated during that period. The husband can will away his separate property and his half of the community property, but not the wife's half of the community property. Obviously, tracing would be difficult 15 years down the road, but those are the basic outlines. It would be better to resolve these property issues now, rather than in a probate proceeding after a death. I am available for a consultation and my rates are reasonable.
Re: Marriage, wills, inheritance
The first attorney who answered your question did a very complete and thorough job in his legal analysis. The first wife at issue should resolve these matters immediately, now, before it becomes a probate issue later on down the road. Its ALWAYS better to take care of business right away than later period. If you would like prompt, affordable legal assistance in this matter, contact us directly for a free phone consultation.
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