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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40026
Experience:  30 years in civil, probate, real estate, elder law
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This couple has only been married 2 months...Wife is not a

Customer Question

This couple has only been married 2 months...Wife is not a legal citizen, has not applied for legal citizenship..Husband is in the hospital not expedited to live...Husband has a business..(family is trying to keep buss. & house afloat) Wife thinks when husband passes...it will all be hers...They live in California. What can family do? If nothing else to save family business.
Submitted: 6 months ago.
Category: Legal
Expert:  Ray replied 6 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 6 months ago.

If there is no will here the laws of intestacy govern the business and any other assets.

If you die with:

here’s what happens:

  • children but no spouse, parents, or siblings
  • children inherit everything
  • spouse but no children, parents, or siblings
  • spouse inherits everything
  • parents but no children, spouse, or siblings
  • parents inherit everything
  • siblings but no children, spouse, or parents
  • siblings inherit everything
  • a spouse and children
  • spouse inherits all of your community property and 1/2 or 1/3 of your separate property
  • children inherit 1/2 or 2/3 of your separate property
  • a spouse and parents
  • spouse inherits all of your community property and 1/2 of your separate property
  • parents inherit 1/2 of your separate property
  • a spouse and siblings, but no parents
  • spouse inherits all of your community property and 1/2 of your separate property
  • siblings inherit 1/2 of your separate property

If he deceases there would need to be application for probate and these laws are applied to determine who is legal heirs and what their share is.

I am so sorry about this situation.Unless husband is able to sign a will here the laws of intestacy will apply.

Expert:  Ray replied 6 months ago.

If you can positive rate it is much appreciated, thanks again.