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In Ca if spouse dies while legally separated (not divorced) is the living spouse entitled to the same entitlements as if still married?
Optional Information: Country relating to Question: United States State (if USA): California
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your loss. Can you please explain to me by what you mean by "entitlements?" As in, Social Security, or estate property/assets, or something else?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
This is a hypothetical question.
Thank you for your reply. My apologies for the wait.Even if this was a hypothetical, the answer depends on what we would be discussing. There are different elements that would be addressed differently, such as probate, or social security, etc.In the same hypothetical, can you be a little more specific as to what you are asking?
iF A SPOUSE PASSES AND MOST OF HIS INCOME IS FROM A TRUST OWNING AN INTEREST IN A SHOPPING CENTER WOULD THE SPOUSE BE ENTITLED TO HIS INTEREST IN IT? NOT INTERESTED IN SS OR PROBATE.
Hello,Thank you for your reply. This is a trust question, and I will move it to Estate Law to be answered. I am going to opt out of your question and open this up for other experts.Your JA Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS unless you actively disable these features.There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.My apologies for any inconvenience and Good Luck.
Hi, thanks for your inquiry! I have been practicing Estate law for 17+ years and have specific experience with issues like yours. I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top knotch answers to all of my customers. I am happy to share with you my decades of experience as I donate my time here. Please DO remember to only rate my answer when you are 100% satisfied with my diligence and effort in accordance with your chosen transaction. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS! That being said...iF A SPOUSE PASSES AND MOST OF HIS INCOME IS FROM A TRUST OWNING AN INTEREST IN A SHOPPING CENTER WOULD THE SPOUSE BE ENTITLED TO HIS INTEREST IN IT? NOT INTERESTED IN SS OR PROBATE. As an income beneficiary of the trust, the deceased beneficiary's 'income' would NOT pass to the spouse unless that spouse was made a contingent beneficiary by the trust language itself. Each trust can dictate where the income and/or corpus goes depending on how the settlor drafted it to be. Often, income will revert to the trust, adding to corpus, if the settlor did not include a contingent beneficiary who would have a right to that income when the first beneficiary passed. For instance, some trusts may say, Income to my son John, and upon his death, to the ASPCA (charity). Or, it may say, "upon his death, to be split evenly among his children". Or, it the settlor liked the spouse, he could certainly have said, "upon his death, income to his spouse, Mary." If it had NO designation, the income would typically remain in the Trust. ------- I hope this clarifies and I wish you the best. Please remember to only rate my answer when you are 100% satisfied with my diligence and effort, and will click a button to the RIGHT side of the choices. IF you feel the need to click either of the two stars on the left, please stop and REPLY to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS! If you do CONTINUE CONVERSATION, If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer. Please also know that your expressed satisfaction with my answer is my top priority, and my time here today with you supports my volunteer work for the Disabled in the U.S. Only a positive rating on the right side of the choices is acceptable to me, AND unless you so rate me, I am given no credit for time and effort - so please rate accurately with that fact in mind. I have been a stage 4 (highest) professional here for 4 years, and enjoy giving top knotch answers. While I can not provide crystal ball answers and am not a psychic, I am happy to share with you my 17+ years of experience as I donate my time here. You can ask for me directly in the future by starting your post with "To Alexia Esq." Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need.
Experience: 17+ Years of Legal Practice in Estate Law.