What are my rights to my boyfriend's assets if he is still legally married? 3 Answers as of July 21, 2011

I have been living with my boyfriend for 8 years, who is (12 years) married, but has been "physically" separated from his wife/child for 9+ years. We have a 10 year old child together. I have 2 questions please: 1. I have had an insurance policy on him for 3+ years, is that valid if he is "legally" married? Or could his wife contest it? 2. If something were to happen to him, God forbid, if he does a WILL and leaves assets to our child and myself, can his wife contest this as well? as they are still legally married and own property together?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You shouldn't have a problem with the Life Insurance coverage. However, if your boyfriend is still married to his wife, she may have some rights to his estate which may enable her to contest his will. He should divorce his wife, to enable him to terminate those rights.
Answer Applies to: California
Replied: 7/21/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
In answer to the first question, anyone can take out a life insurance policy and they can choose who they wish to be the beneficiary. If your boyfriend has taken out an insurance policy and you are the beneficiary while his wife might challenge it you are likely are on solid legal ground. As to leaving you things in his will. His wife can claim 50% interest in anything he owns and she could challenge what he might give you as to up to 50% of what he willed to you or your child on that ground.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
To Whom It May Concern: He cannot disinherit his spouse without her consent (either through pre- or post-nuptial agreement), even if he excluded her in his Will. Simple exclusion would not be enough, anyway. He would have to specifically disinherit here, but I personally would not feel comfortable with that alone.She could definitely litigate that issue (see Estate of Will, 170 Cal. App.4th 902 (2009).) See Probate Code section 21610. Almost anything can be litigated, and his wife could also contest the life insurance policy. I do not believe that a spouse can elect a non-spouse beneficiary in a community property state without the other spouse's written consent. I do not believe thatthe life insurance policy would be paid to you, particularly if she litigatedthe issue. Now, they have been separated for a long time. I cannot help but wonder why they do not just complete the divorce. That would solve a lot of problems, here.
Answer Applies to: California
Replied: 7/18/2011
Click to View More Answers: