Q: I live with mom's ex boyfriend. He is going to die from accident. No will and no relatives. Can I keep his home and all?
I have been living with him for years. We live in sunnyvale CA. He got hit by a car and likely won't make it. He has no other family that I know of and no will made. How do I inherit his estate? I know he wants me to because when I ask him he lifts his hand for a yes answer. But they say he doesn't have much time. What do I do? I am entitled because I've been living with him for many years, right?
A: I hate to be the bearer of bad news, but living with him for years does not entitle you to anything. He needs to at least draw up a will leaving everything to you. There are other things he can do as well such as naming you as beneficiary on bank and brokerage accounts and retirement accounts and life insurance, as applicable.
A:
No, just living with someone for many years does not automatically entitle you to inherit their estate, even if they have no other family or will. In California, when someone dies without a will and without any surviving spouse, children, or parents, their property will generally pass to their closest living relatives under the state's intestate succession laws.
If your mom's ex-boyfriend does not have any surviving relatives, his property will pass to the state of California. The state will then take possession of the property and try to locate any distant relatives who may be entitled to inherit it.
As someone who has been living with him, you may have a claim to his estate if you can show that you had a common law marriage or were registered domestic partners. However, California abolished common law marriage in 1895, and the state does not recognize common law marriage or common law relationships. To be considered a registered domestic partner, you would have had to file a declaration of domestic partnership with the California Secretary of State.
It's important to consult with a probate attorney who can advise you on your legal rights and options. They can help you understand the legal process for settling the estate of someone who died without a will, and help you determine whether you have any claim to the property. It's also important to keep in mind that attempting to inherit property without a legal claim to it can lead to legal issues and may not be in your best interests in the long run.
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