Legal Question in Wills and Trusts in California

Missing Husband , Probate possible.

My husband has been missing since 1972. His mother and I were close until her death. Would I use some type of probate to conclude his affairs to relieve myself of any problems my son might incur after my death, or should I get a divorce.


Asked on 1/11/08, 10:29 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Missing Husband , Probate possible.

No. You can get an court order that your husband is presumed dead and distribute his estate in probate.

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Answered on 1/12/08, 12:25 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Missing Husband , Probate possible.

You can file a petition for an order determining that you husband is dead. Once that happens, you can distribute his estate.

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Answered on 1/27/08, 5:04 pm


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