Legal Question in Family Law in California
property to go to husbands children?
I am a 33 year old woman married 8 years to a 52 year old male. We do not have any children together nor do I have children by anyone else. But he has two children from a previous marriage. We own our home together but do not have a Will. My question is ...Do his two children have any rights to our home if he passes away first? If so, should I have my husband sign a Will leaving to me or would that help?
2 Answers from Attorneys
Re: property to go to husbands children?
In California, if he should die intestate, that is without a will, if the house is yours as community property, then it would go to you entirely, if however there was a separate property interest claimed, ie he owned the house previously and did not "gift" it to the community, then there may be a claim for 1/2 of his share, the simplest thing to do is get wills, you can get them from the internet, book stores, or an attorney can draft a simple will for little cost,,,,,,,,,good luck,pdm
Re: property to go to husbands children?
What you should probably do is looking to having a living trust on. A living trust will not only allow you in your husband to distribute the property the way you want to distribute it, but will save you thousands of dollars because you can avoid having to go through probate.
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