legal will

Can a husband leave almost everything including his house to his kids instead of his wife of 25 years in a will she did not sign? - Is this your question? Add additional information
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Answers (2)

John M. Kaman

John M. Kaman

Contributor Level 10
There is no requirement in any common law country that a wife sign a will before it is valid. Nonetheless, the husband can only give away his property, not your share of the property. In a community property state you'd be entitled to half the community and he could only give away his half. In other states there is a good chance that big items like the house are in joint tenancy. he cannot give them away and they become yours upon his death.
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Bruce Givner

Bruce Givner

Contributor Level 5
You need to pose this question to a lawyer who is licensed to practice in Wisconsin. Get a recommendation from a friend, neighbor or from your CPA. If you cannot afford one, call the Legal Aid Society of Wisconsin at (414) 765-0600.

I am not licensed to practice law in Wisconsin. It appears Wisconsin is a community property state. If "everything," including the house, was community property, that means that the husband only owns 50% of those assets. Therefore, the husband only has the right to leave his 50% interest to his children.

As for the husband's Will, his wife would not be needed to sign his Will.

So, the answer to your question may well be "yes," he can leave his share of everything to his kids instead of to his wife of 25 years through his Will.
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