Steve Hebert said:
The couple were married in California in 1997, she was an illegal immigrant with no legal american papers. He was an American citizen. They were married in California. He passed away a few days ago. My question is the marriage enforceable or with her illegal position does it even exist.
steve
My response:
California marital law does not have any distinctions between citizen and illegal alien status. The only governing law for any marriage is that both parties are of the opposite sex, both are adults, both have met the minimum residential requirements, and the marriage was solemnized by some officiate - - whether by Public Servant, or by Religious means.
That's it.
If those requirements are met, the marriage is lawful and is afforded the full protection of the law - - despite the legal or alien status of one of the parties. She is accorded all rights and privileges under both matrimonial law, and Probate law. Yes, she inherits his Estate, in full, hands down, no doubt about it.
I had a feeling that's why you were writing.
Thanks for writing.
IAAL
[Edited by I AM ALWAYS LIABLE on 07-08-2001 at 10:51 PM]
