Full question:
My husband used to live in N.Y. before his death. According to his will all the properties in California goes to his sister. Can I claim my share in these properties?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: California
Answer:
Yes, you may have the right to claim a share of the California properties, even though your husband was not a resident there at the time of his death. According to California law, if a married person dies without being domiciled in California and leaves a valid will that disposes of real property in California, the surviving spouse can elect to take a portion of that property as if it were located in the decedent's home state. However, this applies only if the property is not considered community property between you and your husband.
Relevant law: Cal. Prob. Code § 120 states that a surviving spouse has the same rights regarding real property in California as they would in the decedent's domicile at the time of death, provided the property is not community property (Cal. Prob. Code § 100).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.