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sihaya2064 · Jul 19, 2006, 04:52 PM

Hi
I am married to my present husband since 4 years. We live in California.He has 2 grown up children from his past marriage. My question is , Will the home we live in still belong to me in the event of my spouse passing away? OR do his kids also have a share in our home. P.S we live ion this house.I wonder what the law says. My husband hasn't made a will as yet.

Fr_Chuck · Jul 19, 2006, 05:59 PM

He needs to make a will.

If he wishes to allow the his kids to have the home after your death, he can assign a life time estate for you to live in the home with it going to them after your death but remians in a form of trust till them ( at this death)

But his other grown kids will have certain rights which needs to be addressed in a will, or it will be fought out in probate court

sihaya2064 · Jul 19, 2006, 09:42 PM

Thanks for your reply. Will they have equal rights to my home?

What about any property we buy after marriage?
Also My husband and me are going into a business together. Will his children have rights to those also?

Fr_Chuck · Jul 20, 2006, 12:09 PM

With out a will, while many times the wife does get everything, in many cases the children will have rights to 1/2 with the wife getting the other 1/2.

In most cases where it is the kids mom and dad they never press the issue, and in many cases there is really nothing to fight over.

But yes they can make a claim against everything ( may not win) but they can tie it up in probate court for years if there is no will.

As I said, talk to a local attorney, but make him make a will, without it, the court decides who gets what.

CaptainForest · Jul 20, 2006, 10:12 PM

The solution seems simple here.

Have your husband make a will!

Not only a will, but power of attorney, etc.

E.g. If he goes into a coma, who is in charge of the medical decisions? Who is in charge of paying his bills?

These are decisions he needs to sit down with a lawyer and address on paper.