San Diego, CA asked in Estate Planning and Probate for California

Q: Sister's longtime boyfriend 25 + years just passed. No will, no immediate family.

They both own homes a mile from each other, though he lives at hers. His parents and only sibling are dead. He never married, no children and was 58 years old. They have a credit card in both names but that's it. What can she do? His house is worth approximately $750,000, he's got four cars and some Investments.

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Estate Planning Lawyer
  • Redlands, CA
  • Licensed in California

A: Unfortunately, she is not an heir to his estate. There is no common law marriage in California, and under the Probate Code, either they are married or they are not.

The best that she can do is file an 850 petition to determine her ownership of half of the assets with a Marvin case.

Contact an attorney for a full consultation.

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