If something were to happen to my husband, what would happen to his property?

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If something were to happen to my husband, what would happen to his property?

I am my husband’s second wife. He had 2 children in a previous marriage. He bought his house before we were married, so my name is not on it but there is still a mortgage.

Asked on August 27, 2014 under Estate Planning, Pennsylvania

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

I am assuming you husband has no will.  If your state is a community property state, as Arizona is, then you will automatically own half of any thing or any money acquired during the marriage.  After that, most states have a formula for dividing up an estate (your husband's separate property and his share of the community property) between a current wife and children from a previous relationship.  Of course, the best thing would be for your husband to have a will drawn up so he can leave his property to the people he wants to receive it.


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