What are the rights of a surviving spouse?
In California, the rights of a surviving spouse are set forth through inheritance law. Generally speaking, a surviving spouse has the legal right to claim a portion of a deceased spouse’s estate. In California, if the deceased spouse had a valid will, then the surviving spouse is entitled to a portion of the estate as outlined in the will. If the deceased did not have a valid will, then the surviving spouse may be entitled to a portion of the deceased’s estate under California’s intestacy laws. These laws provide that any property owned solely by the deceased, or any community property, will be subject to division and given to the surviving spouse. The exact amount the surviving spouse is entitled to is determined by the length of the marriage and the value of the estate. In California, the surviving spouse may also be eligible to take a “family allowance,” which is a one-time sum of money given to the surviving spouse from the estate to help adjust to their new financial situation. Additionally, the surviving spouse may be able to receive a portion of any life insurance proceeds left to them by the deceased. In conclusion, the rights of a surviving spouse in California depend on the situation of the deceased spouse and the laws set forth by the state. Generally, the surviving spouse is entitled to a portion of the estate, access to a one-time family allowance, and a portion of any life insurance proceeds left to them.
Related FAQs
Is a living trust based on state or federal law?What are the applicable statutes of limitations for contesting a will?
What are the taxation implications of a trust?
What is a trust document?
What is the fiduciary relationship between a trustee and the beneficiaries?
What types of property are typically subject to inheritance law?
What are the trust funding requirements?
What is a construction trust?
What is the settlor’s intent?
What is the meaning of an executor?
Related Blog Posts
Understanding the Basics of Inheritance Laws: A Guide to Successfully Navigating State and Federal Statutes - July 31, 2023How to Ensure Your Estate Plan Reflects Your Wishes Through Inheritance Laws - August 7, 2023
Protect Your Rights as a Beneficiary: Understanding Your Legal Rights After Beneficiary Inheritance - August 14, 2023
Comprehending the Duties and Responsibilities of Executors of Estates: How to Properly Administer an Estate and Fulfill Inheritance Law Requirements - August 21, 2023
Maximizing the Benefits of Inheritance Law for Family Heirs of Estates - August 28, 2023