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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 53803
Experience:  Licensed attorney helping individuals and businesses.
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My partner and fiance passed away suddenly on 9/23/15. We

Customer Question

My partner and fiance passed away suddenly on 9/23/15. We had been together 22 years. He didn't have me on his bank accounts so I cannot open his safe deposit box to locate a will. He had a hand written will dated 4/11/2011 where he signed and dated. His next of kin is his older sister who is assisting on his estate. Without a will we don't know if or who he appointed to take care of his affairs. My question are we considered common law married in San Diego, CA? Do I have rights to handle his affairs?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

I am very sorry for your loss.

Customer: replied 1 year ago.
thank you. Are we considered common law married in the California?
Expert:  Infolawyer replied 1 year ago.

In this situation you would not be. However, you may apply to be appointed administrator and alternatively may ask the court to recognize his last will, which absent objection, may get admitted.

Customer: replied 1 year ago.
His sister is meeting with a probate attorney today to request be the administrator. So I have no rights at all?
Expert:  Infolawyer replied 1 year ago.

Who the rep is not so important. You can apply as well. You may also apply to have will admitted.

Expert:  Infolawyer replied 1 year ago.

You may pursue either option by lawyer application, for which martindale.com is a great resource.

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