Legal Question in Wills and Trusts in Texas
Legal Process after death of a spouse
My husband and I have been married for 35 years. If my husband dies suddenly, does everything we own go to me? Is is imperative that we have a will? I cannot convince my husband to get any legal paperwork filled out. He assumes that, by the fact that we have been together for 35 years, I would get everything without any problem. We have one adult child who is married. We own a home(both names), 2 automobiles(one in my name the other in his name), 2 motorcycles(one in his name the other in my name), several insurance policies(I'm the beneficier),and a 401K each. He has told me he wants to be a DNR (do not resusitate). What do I need to do?
2 Answers from Attorneys
Re: Legal Process after death of a spouse
I'm not sure where people get the idea that things are automatically legal. What would lawyers do if all of these things were automatic. A will allows a person to control the distribution of property after death. As to the house, your undivided community property interest is yours, but you only have a 1/2 interest in the share of your husband. The other 1/2 belongs to your married child and his heirs. As to the vehicles, etc. your community share is yours, but your child has a 2/3 interest in that property. What is he going to do with his part? Will he give it to you? I hope so.
Re: Legal Process after death of a spouse
What you need to do is convince him that getting a will saves money from his estate. Probating an estate without a will is far more expensive than probating a valid will.
Example: We charge $300 for a basic will, and $200 more for a mirror image for a spouse. Probating a valid will typically runs about $1500. Probating an estate in intestacy (no will) will run about $2500 on up.
You are both assuming that he's going to die first, since you apparently don't have a will either.
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