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I was just wondering my mother just passed on the 15th of…

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Hi I was just...

Hi I was just wondering my mother just passed on the 15th of nov her husband of 26 years abandoned her in march of this year we do not know where he is and never left us any information on where he was going does he still have any rights to her estate and by the way when he left her he took her savings account with him?

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

I did talk with my mothers estate lawyer and they said he could give back 1/2 the money he took or keep it all and that would be all he would get from this marriage but i never got my mother a divorce from him and she passed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes my mother left a special clause on her will that he could stay in her house 3 yrs after her death I now am living in mothers house she left me as to take care of all matters

Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
11/29/2017
Family Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,555
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

does he still have any rights to her estate

,

Unfortunately, if they were still legally married when mother passed, he still has rights to inherit from her estate, either under any will, or through a spousal elective share, which is around 1/3 of the estate.

.

But he could be forced to return half the money he took from her to the estate if it was her separate property..

.

.

thanks

Barrister

Ask Your Own Family Law Question
Family Lawyer: Barrister, Lawyer replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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