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1. www.moneywiselaw.com › california-spouse-debtIf Your Spouse Dies in California, Are You Liable for Their ...

   www.moneywiselaw.com › california-spouse-debt

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   Jan 27, 2023 · If you and your spouse sign a prenuptial or similar agreement, their creditors can’t touch you. Though California law presumes all assets and debts acquired during the marriage are community property, you and your spouse can agree otherwise.

2. www.moravecslaw.com › post › surviving-spousesSurviving Spouses' Rights in California After the Death of a ...

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   May 27, 2024 · Understanding your rights as a surviving spouse in California is essential for managing the legal and financial challenges that arise after the death of a spouse. From inheritance and property rights to Social Security and veterans benefits, knowing what you are entitled to can provide peace of mind and financial stability.

3. selfhelp.courts.ca.gov › probateGuide to property after someone dies | California Courts ...

   selfhelp.courts.ca.gov › probate

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   Probate is the legal process that you must follow to transfer or inherit property after the person who owned the property has passed away. Depending on the amount and type of property the deceased person owned, you may or may not need to go to court to transfer or inherit the property.

4. www.stimmel-law.com › en › articlesContracts to Make Wills in California | Stimmel Law

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   In California it is possible to enter into a contract to require certain provisions to be inserted (or not inserted) into a Will or Trust and to remain in effect until they become effective upon the death of the party contracting.

5. www.springerlawfirm.com › blog › validity-maritalTHE VALIDITY OF MARITAL AGREEMENTS IN CALIFORNIA

   www.springerlawfirm.com › blog › validity-marital

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   The California Family Code allows prospective spouses and married couples to contract with each other about their respective rights to personal or marital property, regardless of when, where or how that property is acquired. These agreements are valid without consideration.

6. calawyers.org › publications › trusts-and-estatesThe Intersection of Death and Divorce: Where Probate and ...

   calawyers.org › publications › trusts-and-estates

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   This article identifies areas of probate and family law intersection to assist practitioners in knowing relevant statutes and case law applicable to resolving a decedent’s property rights before the family or probate courts.

7. People also ask

   What happens if a spouse dies in California?

   • When someone dies, creditors get paid only from the dead person’s estate unless there were any cosigners or guarantors. California, a community property state, treats the problem slightly differently. Under California’s community property laws, the surviving spouse is usually liable for “community debts” taken out in the deceased spouse’s name.

   If Your Spouse Dies in California, Are You Liable for Their

   www.moneywiselaw.com/california-spouse-debt-liable-dead/

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   What happens if a person dies without a will?

   • Intestate Succession If a person dies without a will (intestate), California law dictates how their estate is distributed. For community property, the surviving spouse inherits the deceased spouse's half.

   Surviving Spouses' Rights in California After the Death of a Spouse

   www.moravecslaw.com/post/surviving-spouses-rights-in-california-after-the-death-of-a-spouse

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   How long after a spouse dies can creditors Sue You?

   • In contrast to California’s four-year statute of limitations, the law provides creditors only one year after your spouse’s death to sue you for their debts. California courts have held that this one-year statute of limitations applies to a spouse’s debts from credit cards, other obligations, and medical expenses of their final illness.

   If Your Spouse Dies in California, Are You Liable for Their

   www.moneywiselaw.com/california-spouse-debt-liable-dead/

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   Can a spouse be liable for a deceased spouse's separate debts?

   • the value of your spouse’s separate property that doesn’t pass through probate. Creditors can hold you personally liable for your deceased spouse’s separate debts only to the extent of your half-interest in any community property. Only if there was significant community property will your spouse’s creditors be able to get something from you.

   If Your Spouse Dies in California, Are You Liable for Their

   www.moneywiselaw.com/california-spouse-debt-liable-dead/

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   What are the rights of a surviving spouse in California?

   • Recent developments in Probate, Estate and Tax Law. The death of a spouse is an emotionally challenging experience, compounded by the legal and financial matters that must be addressed. In California, the rights of a surviving spouse are well-defined to protect their interests during this difficult time.

   Surviving Spouses' Rights in California After the Death of a Spouse

   www.moravecslaw.com/post/surviving-spouses-rights-in-california-after-the-death-of-a-spouse

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   Are marital agreements valid in California?

   • Because marital agreements are usually created as a hedge against California’s community property law, the state has an interest in ensuring that these agreements are executed in a fair manner, without fraud, concealment, undue influence or duress. To be judged valid, an agreement must satisfy these criteria:

   THE VALIDITY OF MARITAL AGREEMENTS IN CALIFORNIA

   www.springerlawfirm.com/blog/validity-marital-agreements-california/

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8. californiafamilylawgroup.com › what-happens-if-myWhat Happens if My Spouse Dies During Our Divorce Process?

   californiafamilylawgroup.com › what-happens-if-my

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   Feb 18, 2023 · If one spouse dies during the time period between filing for divorce and the final dissolution judgment, the divorce process stops. Though California courts can grant a default divorce when one spouse refuses to respond to a served divorce petition, it does not grant a divorce by default when one of the spouses dies.