Legal Question in Wills and Trusts in California

Re: Viable marriage

If the couple went to AZ to get married and one of the parties was still legally married, then the AZ marriage is invalid. The first wife, and her issue will have a claim to inheretence.

This, however, does not leave the second, illigitimate spouse out in the cold. She, too, has inheretence rights. However, there is more information necessary.

Was the person and the first spouse ever divorced? If not, then there is no "remaining spouse" as outlined above.

This is one problem that would be best served by the parties submitting to mediation. This one could become long, nasty and expensive if court intervention becomes necessary.

If you like, I can assist you in locating a bar certified family law specialist who may be able to assist you. Please feel free to let me know.

Scott

626-578-0708 ext. 4

Re: Viable marriage

Actually, the ex spouse (assuming that the divorce was finalized) would be entitled to nothing. If the spouse who died has children, they would be entitled to an inheritance. Furthermore, you may be entitled as a "putative" spouse.