Who gets my property if I die?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who gets my property if I die?

I am a married man with 2 children from my present wife and 1 from my previous wife. The children are all over 21. I wonder if my present wife gets eveything I have in case I die. If not, what should I do so she gets

everything? I live in a community property state.

Asked on May 23, 2017 under Estate Planning, California

Answers:

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

Answered 3 years ago | Contributor

You can leave everything to your present wife in your Will.
If you die intestate, which means without a Will, your surviving spouse (present wife) inherits your entire estate. If she predeceases you, your estate will be divided equally among your three children.
Another alternative is a living trust in which your wife is the beneficiary which will avoid the costs and delays of probate.
Depending on your situation , the will or living trust would be the best options.


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 AttorneyPages.com 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 with SHA-256 Encryption