My husband won’t make a will

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My husband won’t make a will

We have been married 8 years living in California. We have lived in our house all this time. 3 years ago my husband inherited it from his father when he passed on. My husband does not believe in making a Will and the house is in his name. He is having heart issues and I am worried sick about what will happen if he dies intestate. He tells me the house will be mine but he received it from inheritance even though we have lived here all our marriage years. We talked about mirror Wills each leaving everything to the other and then I would leave everything between all respectful children none of which are from this marriage. I am worried I will lose my home if my husband dies as I know his 2 sons who are adults now will make a play for the home even though they have not lived here for years. Legally, where do I stand?

Asked on August 11, 2019 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If your husband dies intestate, you will inherit his entire estate which includes the house because you are the surviving spouse.
If there is no surviving spouse, the children inherit equal shares of the estate. If there is a deceased child who had children, those children inherit the share of the estate their deceased parent would have inherited.


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