Love, Loss and Litigation: The wisdom of mediating Marvin claims at death

Written by:  Hon. Victoria Wood (Ret.) 

May 15, 2025

As probate attorneys well know, the distribution of a decedent’s estate is often not a straightforward exercise in asset accounting. Families are complicated, human relationships are messy, and property ownership doesn’t always follow tidy title records. Few situations illustrate this better than disputes arising at the intersection of probate law and Marvin claims — a unique category of cases where romantic partnership, property rights, and death converge.

Having worked for the courts in probate, civil, and family law matters for over two decades, and now mediating these cases in private practice, I’ve seen firsthand how emotionally charged and legally intricate these disputes can be. They require not only a solid understanding of California probate law, but also fluency in the contractual and equitable doctrines underlying Marvin claims.

A Quick Refresher: What’s a Marvin Claim?

Under Marvin v. Marvin (1976) 18 Cal.3d 660, California recognizes that unmarried cohabitants can make enforceable agreements — express or implied — about property rights and financial support. These agreements are not governed by family law statutes, but by ordinary contract principles. The result is a hybrid legal creature that sometimes surfaces when one partner dies, leaving behind a surviving unmarried partner claiming entitlement to assets from the decedent’s estate based on promises, understandings, and sometimes decades of shared lives.

Where Marvin claims and probate intersect

In probate court, a Marvin claim typically takes the form of a creditor’s claim under Probate Code section 9000, et seq. The surviving partner alleges an enforceable agreement or agreements that entitle them to inherit estate assets or otherwise receive payment or property under other theories such as unjust enrichment or payment for services rendered. These claims often trigger fierce opposition from heirs or beneficiaries who bristle at the idea of an “outsider” asserting rights to what they consider to be family property.

The legal and factual complexities involved in these claims are considerable. Probate courts must navigate the evidentiary challenges of proving oral agreements with a now-deceased party, as well as contract-based questions around consideration, fraud, duress, statute of limitations and equitable estoppel. And these issues are all weaved into the inherent tension between a decedent’s formal estate plan (or intestacy rules) and informal, unwritten understandings forged through years of romantic partnership.

Why Mediation Is Usually the Smart Play

Litigating Marvin claims at death can be a high-risk, high-emotion, and high-cost proposition, largely because these cases tend to involve deeply personal narratives, with heirs and beneficiaries often viewing the surviving partner as an interloper. The surviving partner, in turn, may be fighting not only for financial security, but also for sentimental attachments to property that carry profound personal meaning. Layered on top of these emotional stakes are significant legal ambiguities, making trial outcomes difficult to predict.

This is precisely where mediation shines. A skilled neutral can help parties:

• Surface  and address the emotional undercurrents driving positional bargaining.
• Realistically assess the evidentiary hurdles and litigation risks.
• Explore creative settlements that honor both legal claims and emotional priorities.
• Preserve relationships (to the extent possible) or, at minimum, achieve closure without protracted courtroom warfare.

The Right Mediator Makes a Difference

Mediation offers a path toward resolution that accounts for both the legal and emotional dimensions of Marvin claims at death. The complicated human elements of these disputes demand a mediator with sensitivity to grief, loss and longstanding relational dynamics. 

Additionally, the substantively complex nature of these cases — part probate and part civil contract with undertones of family law — means it is also beneficial to utilize a mediator who has comfort and competence in all three arenas. Thus, as important as it is to opt for mediation early on before your clients exhaust themselves in court, it is equally important to choose a mediator who will strike the necessary balance of experience, knowledge and empathy to guide clients to a resolution that will allow all parties to “rest in peace.”