Refusal to make a will

Ask a Lawyer

Question

Country: United States of America
State: California

Married 8 yrs. Husband will not make a Will. Nothing is in my name. When he dies, am I entitled to anything (home, cars etc) even though my name is on nothing? He has adult children & has stated that he wants them to get nothing, but still will not get a Will made or put things in my name. I am constantly worried about this. He is not well and I have only $300 a month from Soc Sec.

Answer

Normally when he dies you would get all community property passed to you; community property is generally property and assets acquired during the marriage. His separate property that he had before the marriage will go partially to you but then the rest will be divided to the children as well. The law will indeed ensure you normally get something to protect you but it is true that he really should make a will since much of the separate property if any will go to the kids that he says he does now want to give to--You may have to keep gently urging him to do the will, or even have a lawyer come to the home to do it. It can be done relatively easily if all is to go to you. Please feel very free to follow up on this email if need be.