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A CA. man Wills home + 20% to live-in G/F. He sells the home, buys new home. He dies w/o new will, now what?
The unmarried couple lived together for over 25 years but are not registered as Domestic Partners (CA Family Code 299.6). They moved to Sr. Cit. mobile home park, so both are registered residents, but I don't know who's name is on the Title(his, hers, or both-if I did, I wouldn't be asking this "??"). She was beneficiary of his Will which listed his former property +20% of his assets. He died unexpectedly w/o a new will. He has 4 greedy adult children who only want to give this 70+ yr. old lady $8,000: her "portion" of the M.H,(valued at $40,000 /5). His kids chose the eldest son to be the "executor" and she agreed (under duress!) He is saying there is not an original Will. She gave her boyfriends computer to a computer forensics investigator to find the Will; she believes the son deleted the file from the computer after his dad's death. What are her chances of keeping her home, assets Willed and/or compensation, w/o a Will, or w/ a hard copy, a recovered copy or otherwise? Thanks!
2 Answers
- Anonymous2 decades agoFavorite Answer
Depends on a lot of things. Depends on if her lawyer can beat the son's lawyer in court. This is just like the Anna Nicole Smith deal.
Probably she can keep it, but it is up to the lawyers to do that haggling stuff.
- 2 decades ago
Very likely, the children will prevail because they have the last signed document...a will on the computer will not be admitted as evidence because it would be unsigned and witnessed. Unmarried couples have limited rights at best, in court, regardless of the time they were together. I'm sorry to say that she will probably end up with the $8,000.00.