Legal Question in Wills and Trusts in California

Re: succession when couple is permanently separated

Possibly. It depends on if there still remains any community property and the Court's determination of the separation. Because it was not a divorce, this is not a cut-and-dry situation; there can be many variables.

If she has been AWOL since '86, she probably does not watch the paper for Probate notices, few people actually do, and odds are she will not answer, but, again, this is an unknown variable.

Gather his assets, take a look at when they were acquired. If any fall during the time of marriage, (and this DOES include payments on a mortgage), then make a little side note that these are potentially contested items.

Because there is not a valid will (meaning this is considered an intestate succession proceeding), you are going to need to start a Probate proceeding; unless the total estate gross worth is under $100,000.

Yes, this is a complicated area, and, yes, we recommend you consult with a local estate planning attorney.

You can learn more about the entire process, along with general costs and time line, on our firm's site www.No-Probate.com.

Please also feel free to contat me through that site or on the phone at 626-578-0708.

Scott Linden