Legal Question in Wills and Trusts in Colorado
Husband has will, wife does not
My husband and I got marrried 9 months ago. We have not gotten around to doing our wills yet and we are going on vacation out of the country. He has a will in place the was done 3-4 years ago. I do not have a will. We both have childern previous to our marriage. If something were to happen to both of us what would happen to our assets we have together?
1 Answer from Attorneys
Re: Husband has will, wife does not
Without a will, your property would pass according to the Colorado laws of intestacy. Your husband's property would pass according to the terms of his existing will, except that your estate would likely have to contest the will to obtain any spousal elective share, exempt property allowance and/or family allowance due to you. This would likely involve litigation, which could be costly. It would be far better for the both of you to get new wills prepared and executed.
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