Actor Shelley Duvall died recently. Despite her fame and access to good legal advice, she proved to be like so many people who die without a Will. Included in her estate is her home that she shared with her long-time partner, Dan Gilroy. They lived in the home in Texas for 30 years since leaving California after the 1994 Northridge earthquake. Shelley had no children. Her closest blood relatives are her three brothers.
Texas, unlike California, recognizes common law marriage. As a common law spouse, under Texas law, Dan is entitled to all his and Shelley’s community real property and the rest of Shelley’s estate, other than 50% of separate real property. Under Texas laws of intestate succession, the remaining 50% of Shelley’s separate real property goes to her brothers. As far as I know, the brothers have not yet responded to claim a larger share of Shelley’s estate.
Dan is fortunate that he and Shelley lived in Texas where common law marriage is recognized. California does not recognize common law marriage. If Dan and Shelley were still living in California, Dan would have been left with nothing, not even his home of 30 years.
In California, live-in partners and long-term relationships must be protected by a Will or Trust. Counting on family to do the right thing for a surviving partner leaves the partner unprotected.
In Dan’s case, it could be that Shelley’s brothers are fully supportive of Dan keeping the house and they won’t try to claim anything more. Under California law, the brothers would have inherited the house, not Dan, and Dan would have been left to rely on the brothers’ good will to make an arrangement to allow Dan to remain in his home.
In California, unmarried live-in or otherwise long-term relationships must have an estate plan to protect one another.
Planning Ahead Column
By Lisa C. Alexander, Esq.
JAKLE, ALEXANDER & PATTON, LLP
Main Line: 310-395-6555
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