QUESTION

If something happens to me, will my wife automatically get the house I bought before we got married?

Asked on Feb 08th, 2015 on Estate Planning - California
More details to this question:
I have a house I bought on my own 20 years ago. Two years ago I got married. If something happens to me, will my wife automatically get the house? I have no children, just a sister. Do I have to take measures to make sure who gets the house?
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6 ANSWERS

Civil Litigation Attorney serving Ventura, CA at The Law Office of Robert I. Long
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In California, a house you bought and paid for before marriage is considered your separate property, although it is possible a portion of it may gradually become community property over time. Without a Will, your wife will get half the house and your sister will get the other half (assuming your parents are deceased). With a Will, you can dictate who gets the whole thing. Plus you designate who you want to be in charge, called the Executor, which is usually the same person as stands to receive the bulk of the estate. With a Trust (one step up from a Will), it is possible to have your estate handled after your death without the need to go to court, if that is a concern, but a Trust is not suitable for all situations. See an estate planning attorney.
Answered on Feb 11th, 2015 at 5:13 PM

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Edwin K. Niles
Yes, you have several options. You should have a consultation with a lawyer who works in the estate planning field.
Answered on Feb 10th, 2015 at 1:38 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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You must do an estate plan if you want your wife to receive the house. It will not be automatic.
Answered on Feb 10th, 2015 at 12:07 PM

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Yes, your wife would get the house if it is in California. Without a Will, she is your immediate heir.
Answered on Feb 10th, 2015 at 12:01 PM

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As next of kin she should get the house through intestate succession, but that is a costly and time consuming process. Set up a trust and put your home in it with your wife as beneficiary.
Answered on Feb 10th, 2015 at 11:59 AM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Yes; suggest you see a trust estate planning lawyer to protect you from probate court.
Answered on Feb 10th, 2015 at 11:59 AM

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