Legal Question in Wills and Trusts in California
My husband and I have been married for five years and live together. He has repeatedly refused to update his Will (dating back about 10-15 years) to include me claiming that I would inherit everything automatically because I am his surviving spouse. I am not mentioned in the Will. He will be leaving everything to his brother (only other sibling) except for $1 to his ex-wife and $1 to his ex-girlfriend. He feels by including them, they will not be able to contest the will. As the Will stand, will I be omitted for any and all inheritance or is he right in thinking I will get everything as his surviving spouse?
4 Answers from Attorneys
At best you would have to spend lots of unnecessary legal fees, at worst you would be homeless and broke.
Since you live in California, unless he intentionally disinherit you in his will, you will get (1) entire community property (his half plus your half), (2) entire quasi community property, and (3) half of his separate property.
If your husband wants to be certain that you inherit some or all of his estate, then he needs to update his Estate Plan.
He's a bonehead, and should stop getting his legal advice from the barbershop.
Including someone in the will does not prevent them from later challenging the will. I suggest that both you and him speak to an attorney competent with estate planning, as it will save you time, money and heartache later on.
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