Legal Question in Family Law in California
Death NOT Divorce
This question has nothing to do with divorce, but death. I am a very healthy 36yr old woman who married a man, 40, who has smoked since he was 13. All his bank accts, minus 1, has only his name. The 2.3 acre property where we live is in only his name. Also both vehicles are in his name. He says because we are married everything will be mine in case he dies. I have been told otherwise, something about probate court. We have no will, we have 2 children under the age 3. It didn't bother me until I became a mom, I don't want a court telling me that I have nothing or that I must wait until it goes through some court proceding. Please just make this black and white for me. If my husband passes (lung cancer or whatever) and nothing is in my name and we have NO will what actually happens? timeline? We live in CA. Thanks you.
3 Answers from Attorneys
Re: Death NOT Divorce
Sounds like you need to do some estate planning. Things that are not in your name would not "automatically" go to you, and it appears that at least a portion of your husband's property is separate property, which, without an estate plan, would not go, completely, into your name (some of it would belong to your husband's children). There are several ways to avoid probabte. The simplest way usually is to create a revocable living trust. You may also want to consider documents such as powers of attorney, medical directives, and pour-over wills. A good estate planning attorney can prepare an estate plan package for you and your husband for a very reasonable price.
Re: Death NOT Divorce
You need a living trust, not a will. A will still gets probated. Call me for a detailed explanation - 818.590.8294. Its not that expensive to do.
Re: Death NOT Divorce
You need estate planning. Best to put everything in a family trust. In the mean time deed the property to you and him a married couple as joint tenants with full rights of survivorship. Call me directly at 16192223504.
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