Allison Holker Boss is asking a California court for Stephen “tWitch” Boss‘ half of their joint estate after the beloved dancer died without a will.
Stephen died by suicide on Dec. 13. He was 40.
Per court documents obtained by PEOPLE on Wednesday, Allison filed a California Spousal Property Petition in the Superior Court of California in Los Angeles County on Monday, which is standard procedure in situations like this. Though California law says that a surviving spouse is entitled to their spouse’s half of their joint estate once they’re deceased, the living spouse has to file the petition to prove that they actually are the spouse of the person who died.
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In the filing, Allison is asking for a “determination of property passing to the surviving spouse” as well as “confirmation of property belonging to the surviving spouse.”
The papers note that Stephen died intestate, or without a will.
The filing details property, including quasi-community property, that Allison wants the court to rule she will receive as Stephen’s surviving spouse.
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Momodu Mansaray/Getty Stephen ‘tWitch’ Boss and his wife Allison
“This includes any interest in a trade or business name of any unincorporated business or an interest in any unincorporated business that the deceased partner was operating or managing at the time of death,” court documents state in part.
Allison is not asking for administration over Stephen’s estate.
The filing also includes facts about Allison and Stephen’s relationship that Allison hoped would confirm she is his surviving spouse, pointing out that they were married on Dec. 10, 2013, and had a”nil” net worth. Stephen did not receive any property through a gift, joint tenancy, life insurance or any other beneficiaries after their wedding date.
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It also pointed out that Stephen lived in California for the entirety of their marriage, and he and Allison didn’t have any written agreements between them concerning how their properties would be divided.
Allison is ultimately requesting Stephen’s half of Stephen Boss Productions and Goldman Sachs investment account as well as royalties from Cast and Crew Production Services; Disney Worldwide Services, Inc.; GEP Talent Services, LLC; and SAG/AFTRA, per the court filing.
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On Dec. 14, Allison confirmed her husband’s death exclusively in a statement to PEOPLE.
“It is with the heaviest of hearts that I have to share my husband Stephen has left us,” Allison said. “Stephen lit up every room he stepped into. He valued family, friends and community above all else and leading with love and light was everything to him. He was the backbone of our family, the best husband and father, and an inspiration to his fans.”
“To say he left a legacy would be an understatement, and his positive impact will continue to be felt,” she continued. “I am certain there won’t be a day that goes by that we won’t honor his memory. We ask for privacy during this difficult time for myself and especially for our three children.”
Closing her statement, Allison shared a message for her husband. “Stephen, we love you, we miss you, and I will always save the last dance for you,” she concluded.