Tavere

Free Case Evaluation

510-255-4646
  • Home
  • About Firm
  • Practice Areas
  • Testimonials
  • Attorney
  • Blog
    • Chapter 7 Bankruptcy
    • General Bankruptcy
    • Chapter 13 Bankruptcy
    • Bankruptcy Law
    • Bankruptcy News
    • Types of Debt in Bankruptcy
      • Bay Area Bankruptcy Attorney
  • Contact Us
Stop Worrying About Your Debt

A Better Tomorrow

Starting Today

Stop Worrying About your Debt.
Call us Now to Take the First Step.

Click Here
Millions in debt discharged for our clients

Real Concern

Real Help

Millions in debt Discharged
For our Clients. Call Today, let us Help!

Click Here

Elective Share and California

Admin on March 16, 2018 Posted in Blog, Estate Planning

Stereotypical California story: 70-year-old man divorces his fifth wife. He lives in Beverly Hills and works as a top executive at a large entertainment company and has done so for a number of years. He is very active but recently cut back on his working hours so he can spend time enjoying life. He is used to eating at top restaurants and staying at five star hotels. He regularly vacations in the Caribbean during the winter and hikes in Colorado during the summer. He also owns an apartment in Paris.

Or perhaps he is a Bay-area resident and lives in a mansion in Atherton. He works as a top executive for a Silicon Valley tech company with an office on Sandspoint Boulevard.

His personal life, unlike his professional life, is not as successful. His fifth wife was short-lived and not what he really wanted. To deal with his depression, he heads to a local bar. There, he meets a 30-something waitress who is very attentive to his needs. She takes care of him and calls a cab when he is done. The man takes off from work the following day and, in the late afternoon, heads for the bar. The waitress is there again and sits with him for a few minutes. He tells her about his difficulties and she tells him about her recent divorce. They exchange phone numbers.

A week later, the two are dating. The man, used to the good life, takes her to places that she never dreamed of going. He enjoys her company because she listens to his stories and is more than 30 years his junior.

After several months, she moves into his house, despite the objections of his children. Shortly after, the two get married at an upscale hotel in Jamaica.

A year or so after their wedding, the two start fighting. She wants to be at home during the day and tend to the house. He has people who do that and wants her to get a job. This escalates, causing the two to sleep in different bedrooms. Over the next few years, the relationship has highs and lows, where they are together, separate, then together again.

In the meantime, the executive develops health conditions. The stress of his job and the difficulties of his personal life start taking a serious toll. In a short time, the man passes away.

A few weeks after his funeral, his children move to probate his will. The will states that his son will take $100 million, his daughter $100 million. His wife receives only $20 so she can spend the night at the bar where they first met.

No Elective Share

California, unlike other states, does not have a right to an elective share. Had the above scenario happened in New Jersey, the wife would have the right to an elective share of 33%, despite what the deceased said in his will. California is a community property state, meaning that each spouse owns half of the property. A future article will discuss this matter further.

Planning your estate? Contact the law firm of Melanie Tavare, a Bay-area estate planning firm.

Recent Posts

  • What Can You Do if You Cannot Keep Up With Chapter 13 Bankruptcy Plan Payments?

    If you filed for Chapter 13 bankruptcy but are struggling to keep up with the payments outlined in your debt repayment plan, you may not kn

    category : Bankruptcy Law, Blog

  • What is a Means Test and How Does it Work?

    When considering filing for bankruptcy, one of the most important steps is the means test. This test evaluates your financial situation to

    category : Bankruptcy Law, Blog

  • When Should I Stop Using My Credit Card Before Bankruptcy?

    Filing for bankruptcy is a difficult decision and one that should not be taken lightly. But if you have already made the decision to file,

    category : Bankruptcy Law, Blog

  • Can Filing for Bankruptcy Stop an Eviction?

    Facing eviction can be a stressful and difficult experience. If you are considering filing for bankruptcy to stop an eviction, there are ce

    category : Bankruptcy Law, Blog

search this year

  • February 2023
  • January 2023
  • Search by Year

  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • img

    Quick Links

    • Bay Area Bankruptcy Attorney
    • About Firm
    • Practice Areas
    • Attorney
    • Communities Served
    • FAQ
    • Disclaimer
    • Contact Us

    Follow Us

    • Facebook
    • Twitter
    • Google
    • Yelp

    Contact Us

    • Oakland Office

      1300 Clay St. Suite 600
      Oakland, CA 94612

    • Hayward Office

      24301 Southland Dr.
      STE. 310
      Hayward, CA 94545

    • 510 255 4646

    We serve the following localities: Alameda County, Alameda, Berkeley, Castro Valley, Fremont, Hayward, Livermore, Oakland, San Leandro, Union City, Contra Costa County, Antioch, Brentwood, Concord, Martinez, Pittsburg, Richmond, Walnut Creek, San Francisco County, San Francisco, Albany, Ashland, Dublin, Emeryville, Newark, Pleasanton, San Lorenzo, and Alamo.


    The Law Offices of Melanie Tavare is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code


    |

    2022 © Copyright law office of Melanie Tavare