Legal Question in Wills and Trusts in California

Re: Whose home?

You and your husband need to sit down and create a simple will declaring what he wants left to whom. Without a will, all assets and property would go to the surviving spouse. You both should also discuss the will with the daughters so they understand what would happen if he were to pass away. That way they know his wishes and this prevents any misuderstandings in the future. Once he has declared his wishes in writing, two witnesses not listed in the will should sign at the bottom stating that they have witnessed your husband affix his signature at the bottom of the will. If his assets are significant, over $60,000, you may want to consider other options such as a living trust for tax purposes. You can discuss your options with an attorney or your financial advisor. It might cost you a little more to do a living trust, but if it is done correctly, you can avoid probate and a large portion of taxes that must be paid when an estate goes through probate. Good luck.

Sincerely,

John Hayes, Esq.

Re: Whose home?

I suggest he look into a trust that can give you full use of the home during your lifetime but then passes title to the children upon your death. this is pretty common and easy to do.