Legal Question in Wills and Trusts in California

A woman married in a Hindu ritual way in California to a divorcee man. Marriage was not registered. Lived together for 5 years .Man died of stroke .His living trust gives most assets to his sons from an earlier marriage. Is this woman entitled to any share?


Asked on 2/10/16, 3:02 pm

2 Answers from Attorneys

If no California marriage license was taken out and recorded, no, she has no right to contest the trust. Even if she could, she would only be entitled to half the income and assets acquired during those five years, not anything he had before that or that was appreciation on or acquired from proceeds of assets owned before marriage. So unless he had made a lot of money in those five years, and not from assets he had before then, there wouldn't be much to fight for anyway.

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Answered on 2/10/16, 3:12 pm
Scott Jordan Jordan Law Office

Respectfully, I do not agree. Sections 21610-21612 provides for omitted spouses. If the woman can prove they were married, by way of a petition under Welfare and Institutions Code section 103450, she may be entitled to 1/2 of the community property and share of the separate property as if the husband died intestate.

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Answered on 2/10/16, 4:34 pm


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