Quote:
Originally posted by pfrase
What is the name of your state? california
My father and mother have been together for over 30 years. Come to find out last year, that they never actually married, and he is still married to his ex. He currently has cancer. What I want to know is, is his ex going to get everything, or with the courts see my mom as his wife? What about his social sercurity? And him and my mom have a boat together with both of there names on it. Is she going to have to split it with the ex, or will it be hers if they end up fighting over it? Please help! I need all the advice I can get! |
My response:
California hasn't been a common law marriage State for well over 100 years. Realistically, your Mom and Dad are, under the law, merely boyfriend and girlfriend. And, because they weren't married, neither are entitled to each other's Estates.
Presuming that Dad and his former wife are, in fact divorced, then she gets nothing from Dad's Estate, no matter what. But, if he's still married to her, then she could wind up with everything. I would suggest that he immediately seek the advice of a local Family Law attorney to file a Petition for Dissolution of his prior marriage.
So, for the sake of your Mom, before Dad passes into the great beyond, and again, presuming that he is, in fact, divorced from his wife from 30 years ago, then it's time to have a preacher come to the house and "hitch" your Mom and Dad.
Good luck.
IAAL
02-02-2003, 03:20 AM
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