• Rebecca Gayheart could inherit estranged husband Eric Dane’s share of community marital property if they remain legally married at his death.
• California law and a family-law expert say a surviving spouse would get a “step up in basis,” a tax advantage on inherited assets.
• The couple dismissed their 2018 divorce action in March 2025; Dane was diagnosed with ALS in April 2025 and now receives 24/7 nursing care.
H2: How Gayheart could inherit Eric Dane’s share
If Eric Dane dies while still legally married to Rebecca Gayheart, Gayheart — as the surviving spouse — could inherit his portion of community property. Monica Mazzei, a family-law shareholder in Buchalter’s San Francisco office, told reporters that surviving spouses generally receive their partner’s share of community assets and benefit from a “step up in basis” for tax purposes when selling inherited property.
That legal framework means property acquired during the marriage could pass to Gayheart without the same capital gains tax consequences that might apply to a non-spouse beneficiary. The outcome depends on whether the couple’s marital status remains active at the time of Dane’s death and on the specifics of asset ownership.
H3: Why the 2018 divorce was dismissed
Gayheart filed for divorce in February 2018, but the couple dismissed the case in March 2025. According to Mazzei, there were practical and legal incentives for dismissal: under California Code of Civil Procedure § 583.310, a case not brought to trial within five years is subject to dismissal. Pursuing the divorce further would likely have required substantial legal costs or a renewed filing.
Because the divorce action was dismissed rather than finalized, the couple technically remained married, a status that has direct implications for inheritance rights and property division should Dane pass away while that status continues.
H3: Timeline: ALS diagnosis and caregiving
Eric Dane revealed an ALS diagnosis in April 2025. Since then, reports say he has been under round-the-clock nursing care. Rebecca Gayheart, with whom Dane has been married since 2004, has described their relationship as complicated but familial. The two share daughters Billie (15) and Georgia (14).
Gayheart has written about stepping into a care partner role for her estranged husband. In a recent essay she acknowledged the marriage had been strained and that they had not lived together for years, but she emphasized loyalty and family responsibility: “Whatever I can do or however I can show up to make this journey better for him or easier for him, I want to do that.”
H4: What this means for fans and legal observers
The situation highlights how unresolved divorce cases and marital status can affect estate outcomes. For celebrities like eric dane, public interest combines with real legal consequences: marital status, community property laws and tax rules all shape what surviving family members might receive.
If circumstances change — for example, a new divorce filing or a legally executed will specifying different beneficiaries — the current legal posture could shift. But based on the dismissal of the 2018 petition and Dane’s ongoing care needs, Gayheart stands to inherit his share of marital property if he dies while they remain married.
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