My husband won’t make a will

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption