estate problem

[anteater]

Interestingly enough, while CA does not (and has never) have "common law" marriages, there is quite a bit of case law involving splitting the assets in what amounts to, "Ok so you weren't legally married but we do recognize that in certain situations assets may be divided and awarded as if you were legally married".

There's case law both for and against that.

In a probate matter?

 

[anteater]

Ive had a hard life..and you re right I feel badly I haven't been able to help my dad more but times are tough..I went to see him a few times a year..now can be gt back on point..how can I find assets belonging to my father..he put nothing in her name for a reason

And the reason that you have not taken action to open probate is... ?

 

[quixiotic2]

I can't speak to her motives, because I'm not in her head.

Perhaps she feels like there are vultures circling overhead? Heck, she might be thinking "Excuse me? I've supported and loved this man for 50 years and all of a sudden his kids come out of the woodwork as soon as he died?"

Maybe she is a money-hungry gold-digger.

We cannot say.

excuse me..she did not marry my dad because she is 12 years older than he and expected to died first and didn't want my dad to inherit her estate..he ddnt marry her for the same reason..and if you call me a circling vulture because I want our family heirlooms back and a few assets divided..well then I guess Im guilty as charged.

 

[OHRoadwarrior]

If she is independently wealthy, a Marvin claim is not likely to be successful.

 

[quixiotic2]

If she is independently wealthy, a Marvin claim is not likely to be successful.

what is a marvin claim

 

[quixiotic2]

excuse me..she did not marry my dad because she is 12 years older than he and expected to died first and didn't want my dad to inherit her estate..he ddnt marry her for the same reason..and if you call me a circling vulture because I want our family heirlooms back and a few assets divided..well then I guess Im guilty as charged.

in addition she in no way supported my dad..he owned his own heavy equipment company and was very successful..during their whole relationship..they had separate finances..what was hers was hers and what was his was his..they never comingled their assets for a reason

 

[OHRoadwarrior]

what is a marvin claim

Palimony, named for the famous case involving Lee Marvin.

 

[anteater]

in addition she in no way supported my dad..he owned his own heavy equipment company and was very successful..during their whole relationship..they had separate finances..what was hers was hers and what was his was his..they never comingled their assets for a reason

And the reason that you have not taken action to open probate is... ?

 

[quixiotic2]

And the reason that you have not taken action to open probate is... ?

I live 15 hours away from his county of residence..don't know how to do it or what I need to initiate it..hence why I am here asking advice

 

[ecmst12]

You need to hire a lawyer in CA to do it for you. Simple. Sooner is better.

 

[Ohiogal]

fish or cut bait? She is not his wife..an attorney told me common law wife only stands if husband is alive..so now I know POA is invalid. Now im wondering can she file as executor of his estate thru probate court claiming no living relatives..if she does this how can I find out..AND how can I find out what assets she is hiding

Wrong. If they were common law married that marriage lasts until divorce. She has a right to inherit if she was his common law wife and met all the qualifications.

 

[ecmst12]

But CA doesn't have common law marriage.

 

[Ohiogal]

But CA doesn't have common law marriage.

Reread my answer. If they were common law married that doesn't end at death as though the marriage never existed. I didn't say they were common law married. They were together for 50 years. Was that entire 50 years spent in CA? Were they in other places? Did California EVER recognize common law marriage that began within their borders? The point being that if they were common law married at all, it doesn't end because he died resulting in her not being his widow/spouse. But she would have to prove a common law marriage.

 

[Eekamouse]

I don't understand how you could possibly know whether they co-mingled any of their assets or finances or not. I think you are presuming a lot. I also think that you are going to be disappointed in your attempt to take all of his estate from her.

 

[Proserpina]

Reread my answer. If they were common law married that doesn't end at death as though the marriage never existed. I didn't say they were common law married. They were together for 50 years. Was that entire 50 years spent in CA? Were they in other places? Did California EVER recognize common law marriage that began within their borders? The point being that if they were common law married at all, it doesn't end because he died resulting in her not being his widow/spouse. But she would have to prove a common law marriage.

CA has never recognized common law marriages beginning in CA. I think though that this is one of a teeny number of States who've never recognized it.

You've raised a really great point though - have they lived in CA all of this time? Did they ever meet "common law" criteria in another state?