Q: Do I have rights to a settlement after my partner's death without a will?

A: In California, unless you were legally married or in a registered domestic partnership, you do not automatically have inheritance rights to your late partner’s accident settlement under intestate succession laws. However, if the settlement includes wrongful death compensation and you were financially dependent on your partner, you may have a claim.

A: Your situation regarding potential rights to your partner's accident settlement involves several complex legal considerations under California law. As a registered domestic partner in California, you may have inheritance rights similar to those of a spouse, which could include rights to personal property and settlements received after your partner's death. The key determining factor is likely whether you were in a legally registered domestic partnership with your partner, as California law provides significant protections for registered domestic partners under the intestate succession statutes.

If you were not in a registered domestic partnership, you might still have claims under what's known as "Marvin rights" (from the landmark Marvin v. Marvin case), which recognized that unmarried partners may have contractual rights based on express or implied agreements formed during their relationship. Your 35-year relationship duration, 12 years of cohabitation, and financial support following the accident could potentially establish an implied agreement regarding shared financial interests, which might include rights to the settlement proceeds. Additional factors courts would consider include whether you were named as a beneficiary on any accounts, how finances were handled during your relationship, and the specific nature of your legal recognition as a partner.

We recommend consulting with an attorney experienced in probate and domestic partnership law immediately to evaluate your specific circumstance before the settlement is finalized in June. California law in this area is nuanced, and time-sensitive action may be necessary to preserve your potential claims to the settlement. Documentation of your relationship, shared expenses, financial support arrangements, and any written or verbal agreements regarding mutual support will be crucial evidence if you pursue a claim.