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?

Asked 10 months ago - 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)

  1. Christine James

    Pro

    Contributor Level 19

    10

    Lawyers agree

    Answered . 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.

  2. Joel Steven Weissler

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . 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... more
  3. Steven M Zelinger

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more

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