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Death of a Spouse After Long Separation, No Divorce

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  • 04-17-2010, 10:01 AM
    willkoch
    Death of a Spouse After Long Separation, No Divorce
    My question involves estate proceedings in the state of: California

    My uncle died Monday and he only had one child(Sarah)! We have not seen her in over 20 years! We found her Wednesday and we fill his asets should go to the daughter! The problem, we have found that he had married his daughter's mom in 1984 and shortly after went to prison for 10 years and has not had any contact with his child nor his wife! The ethical question is who should get his assets, we fill it should be his daughter, however her mom is saying she is going to take it!
    Over the past 20 years the wife has had a child with another man as she has moved on, but is there any way to make sure the daughter gets the assets instead of the abandoned wife? Shouldn't the beneficiary be the daughter?
    I would appreciate any help,
    Thank you
  • 04-18-2010, 07:39 PM
    Mr. Knowitall
    Re: Death of a Spouse After Long Separation, No Divorce
    We are to assume, then, that there's no will? Then the laws of intestate succession apply.
  • 04-19-2010, 08:47 AM
    mamabear2102003
    Re: Death of a Spouse After Long Separation, No Divorce
    As Mr. KIA posted, it would stand to reason that in the absence of a divorce, your uncle was still married, and the wife is entitled to a portion of the estate. I don't know if state laws differ on this matter, but out here when my late husband passed, any child over the age of 18 received no portion of the estate, it went to myself and the minor children.

    I honestly don't see where 'ethical' plays into this. Sounds like he abandoned the wife, had no contact, and the wife raised the daughter on her own. Whatever, if anything, that mom gets is probably a very minute amount of what she has paid out while she was raising this child all these years alone.
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