If my father lived with a woman for 14 years, what rights do his children have to the estate?
Question Details:
My father who lives in CA is 89 and dying. He has lived with a 93-year-old woman for 14 years. What rights do his children have to the estate? How is it divided? Is this considered comman law marriage? He has not updated his will and not made any reference to this situation. Now he is incapable of doing so.
Wills, Trusts, Probate Law Answers
If he has a valid will, then the terms of that will govern who inherits any part of the estate. If he has provided for his children, then they will inherit according to his wishes in the will. If he has provided for the woman he has lived with, then she will inherit whatever he leaves her. Keep in mind that common law marriage is not recognized in California. So the woman is not considered your father's wife. But your father can leave any part of his estate to whomever he pleases under his will.
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