Legal Question in Wills and Trusts in California

My husband and I live and were married in California in 1995. We each have grown children from prior marriages. My husband refuses to go and obtain a Will. Neither he nor I want the others children to be able to petition the court for our half of our Estate if either of us pass away. I know I can still write a Will on my own and make my husband my soul beneficiary, but like I said, he doesn't want to fill out a Will for himself. How do I protect myself? Does living and being married in a Community Property State prevent his children from trying to take his half from me if he should die without a Will? We don't have much. But it is all I will have if he should die.


Asked on 1/30/11, 8:15 am

1 Answer from Attorneys
Vandad Moheban MOHEBAN LAW FIRM

Even if your husband's estate were to go to probate, as his spouse you will likely inherit a portion of his estate, depending on whether is assets are seperate property or community property. You are also first in line to be the administrator should you end up in probate court. An administrator is the person in charge of the probate.

However, probate is costly, time-consuming, and public. Any of his children can object and take issue with various aspects of the probate.

I would recommend you and your husband prepare an estate plan together to avoid all this headache. Some documents you may need are a Trust, power of attorney, and health care directive. Feel free to call me with further questions at 818.347.0264

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Answered on 2/09/11, 11:37 am


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