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?

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Originally Posted by Cash623

Is the absent spouse entitled to any of her estate which mainly consists of cash in the bank?

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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?

excon

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Originally Posted by Cash623

He never returns nor contacts her for over 27 years.

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Could this not be contested in probate due to the length of time of abandonment. Usually a marriage can be "dissolved" after 7 years of abandonment?

Just curious.

Hello again, Cash (and you too J_9):

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.

excon

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.

Hello to you excon,

I see your point. I am wondering if this can be contested in probate court. Some states allow the estate to go into probate without a will?

I agree that the adult child cannot absolve the marriage now, but she can contest the estate?

I might add she was told that he was dead, so she didn't bother with a divorce.

Yes, but what she was told at this point is heresay since she is not there to say otherwise.

Hello again, Cash:

You're the daughter, aren't you? Would have been more quick 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.

excon

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.

Thanks J_9 I will do that because I know there has to be a precedent set somewhere in the law books with regard to this type of situation.

If the spouse has been absent with unknown whereabouts for 27 years then probably not. Incidentally, how did this absent husband of 27 years find out about his "wife's" death? It looks like he's gone to great pains to acquire this knowledge and show up to claim part of her estate. Sounds pretty fishy to me. Legally, the marriage could have been dissolved after 7 years with a presumption of death if the husband's whereabouts were truly unknown. Was this course of action ever pursued?