Skip to main content

My husband and I have been married for ten years. We do not have a will. He has an adult son. Would I have to share the estate?

Encinitas, CA |

My husband and I have been married for ten years. We do not have a will. He has an adult son from a previous marriage. My husband says that if he dies I as his wife get all of our estate. We are planning a will,but in the meantime if my husband should pass...Do i get everything? My husband says that because I am his wife that I will get everything. I am afraid his son will try to take it. We have worked hard for everything we have and my husband was able to retire early because I have a good job and am still working. His son is a flake.

Attorney Answers 3


Without a will or trust, your husband's son would be entitled to 1/2 of all property that your husband owned prior to your marriage. If he does not want his son to get anything, he needs to do an estate plan that is clear about his wishes and why. Even if you have a will or trust, there is no guarantee the son will not contest it, so the more specific the document is, the better.

Mark as helpful

10 lawyers agree

1 comment

Michael John Riddell

Michael John Riddell


Absolutely. At the very least, I recommend consulting an attorney to prepare a living trust, and they will also be able to help with the more specific documents fit for your needs.


Ms. James is a CA attorney and she knows what she is talking about. Get the estate plan done quickly.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:

Mark as helpful

5 lawyers agree


You are right to be concerned. Under California law you would be entitled to all community property, but would have to share any separate property. Community Property are assets earned by the sweat of the brow during your marriage and other assets which have been converted to community property by either overt action or commingling it (mixing it in with) community property.. Separate property includes all premarital property and all property acquired during the marriage by gift or inheritance.

DISCLAIMER: Nothing in this post or transmitted by email should be interpreted as legal advice unless I have been retained and you have made a deposit towards my fees. This post is intended to help the person posting the question to ask the right questions with the attorney of their choice. Your time to act may be very limited and this could substantially reduce your rights and options. Do NOT rely on anything I have written here -- You should contact a lawyer in your area immediately after reading my posting. I am licensed to practice law only in the State California. For questions connected with the laws of other states you should seek an Attorney in that state to advise you. The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. Attorney Weissler is licensed in California only. Although the legal rules in many states are the same, rules in your state may differ from those known by the responding attorney. Before relying on information received over the internet always check with a local attorney..

Mark as helpful

4 lawyers agree

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics