Family Allowance in California Probate

It is common for a family member to be the primary or sole breadwinner in a household. However, if this person passes away, the surviving family members may struggle to cater to their daily needs. Fortunately, California probate law provides a solution to this issue. A family allowance is one of the rights granted to certain family members under California probate law. This allowance is meant to help surviving family members maintain their standard of living during the probate process, ensuring they have the necessary resources until the estate is settled. Read on for more on family allowance in California probate.

What Is a Family Allowance?

In a California probate, a family allowance is an amount of money the court awards to a decedent’s surviving family members. This money is paid from the estate of the deceased person. A family allowance is meant to offer financial support to surviving family members during the time it takes to settle the decedent’s estate. A family allowance is intended to allow surviving family members to continue to live the life they were accustomed to or entitled to when the decedent was still alive.

Who Is Eligible for Family Allowance?

Not all surviving family members are entitled to a family allowance in California. The law specifies that only certain dependents qualify for this support. Under California Probate Code Section 6540, the following individuals are entitled to receive a family allowance;

• The deceased’s surviving spouse.
• The deceased’s minor children.
• Adult children of the deceased with physical or mental incapacities that prevent them from earning a living and who were actually dependent on the deceased for support.
• Additionally, the court has the discretion to award the following surviving family members a family allowance depending on their financial needs and relationship with the decedent;
• Other adult children of the decedent who were dependent upon their support
• The decedent’s parent who was dependent upon their support

However, according to the law, if someone entitled to family allowance has sufficient financial resources from other sources, the family allowance is typically only awarded to those without other means of support.

Additionally, it is crucial to note that the length of a marriage or relationship, in itself, does not qualify a person for a family allowance. Instead, the court considers whether the person was financially dependent on the decedent.

How Much Family Allowance Are Eligible Family Members Entitled to?

California probate law does not set a fixed amount qualifying family members are entitled to as a family allowance. Instead, the law states that the amount should be “reasonable” based on the individual’s circumstances and needs during the probate process.

Duration of Family Allowance

Once the court grants a family allowance, it may remain in effect until the probate process is concluded. If the estate is insolvent, meaning the debts are more than the assets, this support may last up to one year after the granting of letters. According to California Probate Code Section 6543, a family allowance automatically terminates after the final estate distribution or one year in the case of insolvency. The court can also modify or terminate the allowance before that time if it deems it right to do so.

Contact The Probate Guy

If you’ve lost a loved one and need help understanding your legal rights, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6543.&lawCode=PROB