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In California what happens if a spouse leaves his wife after a year of marriage and tells her he is going to his native country to get his papers in order for US citizenship. He never returns nor contacts her for over 27 years. During his absence she works and saves her money and dies intestate. The absent spouse shows up after he is informed that he may be an heir to her estate, she also has one daughter whom is the administrator the estate. Is the absent spouse entitled to any of her estate which mainly consists of cash in the bank?
Is the absent spouse entitled to any of her estate which mainly consists of cash in the bank?
Hello Cash:
Any? I would say he's entitled to ALL of it. Of course, if there's ENOUGH cash, the daughter should hire an attorney. Who knows how this would work out?
In my view, abandonment, desertion and marriage fraud are ALL grounds the wife could have used anytime during the last 27 years to obtain a divorce. She didn’t. Under those circumstances, it would have been easily gotten.
Therefore, assuming the wife was competent, it must be presumed that she knew what she was doing and did it purposfully. What she did, is stay married. Maybe she wanted her first love to be rich.
That doesn't mean that it couldn't be argued otherwise in court - especially if there is a LARGE amount of money.
I guess it would have to go to court. I cannot see how a man can leave his woman for that long and come back with his hand out being as he didn't help her make the money. They were very poor while he when he married her. I forgot to mention he was living with a another woman not more then a half an hour drive from his wife. The other woman was the daughters age. All indications prove that he had a hidden agenda and had no intentions of ever returning to his wife.
You're the daughter, aren't you? Woulda been quicker if you'd started there. If you had, I would have told you to hire a lawyer.
In the final analysis, nothing in the law winds up being one way or the other. If this is a large amount of money (and I presume it is), then given the circumstances (he's a louse), I believe that you will obtain a fair settlement.
The better your lawyer, the fairer your settlement.
Try to hire a lawer that works on a contingent fee (a percentage of the amount you would win or he gets nothing). This makes him work harder for his money.
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