How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36398
Experience:  30 years as a family law lawyer .
Type Your Family Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

If you are married for 17 years (no children) in California ...

Resolved Question:

If you are married for 17 years (no children) in California without a pronuptial agreement and your partner dies without having made up a will what is the surviving spouse´s rights in terms of inheritance?
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.

Thanks for the question. Here is the information that you asked for in this matter.

The rights of inheritance for a person who is married at death depends upon the nature of the assets owned. Assets can be community or quasi-community property (acquired during marriage either in or out of California) or separate property (owned before marriage or acquired during marriage by gift or inheritance).

All community property and quasi-community property passes entirely to the surviving spouse.

Any separate property of the decedent is distributed to the surviving spouse or domestic partner and other relatives, depending on the relatives who survive, as follows:

  1. Spouse or domestic partner and children: One-half to spouse or domestic partner and one-half to one child if there is only one child. If there is more than one child, one-third goes to the spouse or domestic partner and two-thirds to the children, in equal shares.
  2. If there are no children or grandchildren (if there is a deceased child, the children of the deceased child take his or her share), then one-half to the spouse and one-half to the decedent's parents equally, or one-half to the surviving parent if one parent is deceased.
  3. If there are no children, grandchildren, or parents of the deceased, then one-half goes to the spouse and one-half to the decedents' brothers and sisters, equally (half-brothers and half-sisters share equally with full brothers and sisters). If there are any deceased brothers or sisters, the children of the deceased brother or sister take that parent's share, equally.
  4. If there are no children, grandchildren, parents, brothers or sisters, nieces or nephews, then all of the separate property passes to the surviving spouse.


Thank you and please click accept so that I may be paid for my answer to you. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.


RayAnswers and 2 other Family Law Specialists are ready to help you

Related Family Law Questions