Legal Question in Wills and Trusts in California

1. Get divorced, then do your estate planning

2. Prepare documents directing the manner in which your separate property and your half of the community will be handled. You are not able to control his separate or his half of the community.

3. Wait until his death occurs and rely upon the laws of intestacy to transfer the designated portions of his estate to you and/or children. This strategy requires that you survive him.

Unfortunately you can control your own assets, but not his. You also are not able tto force him to do estate planning.

Mr. Christian is correct in his advice. Why won't your spouse sign any of the documents? Are your children minors? Does your spouse not want to leave your estate to your children?

You may want to tell your spouse that if you put your primary assets into trust, when the time comes, your children will not have to incur the time and expense of probate. Doing your planning now will ultimately save your children at least 18 months of legal proceedings and tens of thousands of attorneys fees.

You don't have to get divorced. You can do your own estate planning documents.