Legal Question in Family Law in California

Community Property

I have been married for 13 years. My husband does not share his 2 bank accounts with me. I added him to my account immediately after marriage. The house is in his name (paid off 4 years ago). We have always both worked full-time. I was married once before and have 2 grown kids, he was never married before and has no children. He currently has no will. Can you tell me what would happen to me financially if he dies before me? How can I protect myself? I have no separate real property. I do have a retirement plan and a 401K. , these would automatically go to him if I died first. Due to my husband's insecurities, he does not want me on the deed (perhaps he feels he would loose everything if we ever divorced). Can he draw up a living trust, which would leave me the house, bank accounts, etc. in the event of his death? I would like to avoid probate costs if possible.

I would appreciate anyone's input.

Thanks.


Asked on 7/31/07, 2:09 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Community Property

The general rule is that community property passes to the surviving spouse and 1/2 or 1/3 of the deceased spoused separate property passes to the surviving spouse. Your best approach is to convince him that both of you should consult an attorney for estate planning. The purpose would be to protect your future.

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Answered on 8/10/07, 12:57 am


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