Legal Question in Wills and Trusts in California

Re: In a relationship for 12 yrs Domestic Partners

You need to get an attorney immediatley!! This case is governed by Marvin v. Marvin which means that if you had an oral or written contract that you would inherit, than you can make a claim!! Without more info, this is the only response I can give!!

Re: Finding a Good Attorney in Your Area

You need to retain a good probate attorney immediately. A good attorney can help you through everything involving probate taxes, liens on the property, debts of lien agains the estate, etc. He can also help you protect yourself should there be any other persons who may claim the estate as the legal next of kin such as siblings, parents, children, etc.

To find a good lawyer, contact the local County Bar Association, or California State Bar Association if there isn't a County Bar Association in your County. Ask them for the name and phone number of one or two attorneys who handle probate and are in good standing with the Bar. Another reliable source for referrals is friends and family. Most of the time, if someone will refer a friend to their attorney they were satsified with the services they received. The phone book is not the place to start. I would also strongly recommend that you talk with at least a couple of the attorneys that were recommended before hiring one. All lawyers are different, and even if they are highly recommended it doesn't mean that you will work well together. Take my office for example. I am a sole practitioner which means I am the only lawyer in the office. My wife is my paralegal and we run the office together. Many of my clients appreciate this because they know I don't have a large case load which allows me to spend more time on the cases I do have. Whomever you choose to hire, make sure that you can work with them, and don't be afraid to ask questions. You are paying this attorney good money to protect your rights in this estate, keep you informed of the progress of the case, and to answer any and all questions you may have. Now I am not recommending that you call him every time you have a question, because you don't want him spending all his time talking instead of working on your case. What I have my potential clients do is get a notebook that they can jot down their questions in. I have them bring the notebook, along with any documents I may need, to the initial consultation. That way if you think you forgot to ask something you thought of a few days before,you can refer to your notebook. It's great because they don't feel like they have to call me every time they have a question, they can just write it down and ask me about it during our next conversation. You may want to start your "Question Notebook" now while you are searching for an attorney.

I realize that this is a lot of information to absorb, but I like to give as much help as I can when people need to hire an attorney. Don't worry if you feel like you know absolutely nothing about the law. Our job is to know the law and to help our clients get through it as painlessly as possible.

I wish you the best of luck.

John Hayes, Esq.

Re: In a relationship for 12 yrs Domestic Partners

California does not recognize "common law" marriages, so there are no automatic inheritance rights for domestic partners. If there is no will, or joint tenancy, or beneficiary designation leaving you property, you may want to consult an attorney to see whether you may have any rights to the property. In some cases a partner may have such rights when the other partner agrees or promises to leave property.