If he will not write a will, is there anything I can do to protect my assets?

Question

My husband has lung cancer, prognosis poor. He does not have a will. There is much discord in the family. We have his, mine and our children, all married. We have been married 20 years.

Scott Pesetsky · Answer

Sorry you are in a difficult situation. Free internet advice is not going to be specific enough to help you, and could make it all worse if you get pointed in the wrong direction. I think you need to meet with a qualified attorney to learn your rights and options.

Michael Doland · Answer

In the absence of a will, you have both "probate" rights as a surviving spouse and "community property" rights as a (surviving spouse).  Suggesting a trust to someone who won't consider a will seems pointless.

Geoffrey Germane · Answer

The answer to this question depends on how you define "my assets."  If you are referring to the assets you owned before you married your current husband, and those assets have not been commingled with his assets or re-titled in your joint names, then those assets are your separate property and are not subject to his estate plan or creditors.  Utah has a default plan for those who do not execute a plan of their own, and in the case of mixed families, it rarely yields a result that the family would choose on their own.  I strongly suggest you consult with an attorney who focuses on estate planning (rather than one who offers it as one of many diverse areas of practice) and determine what will happen to your husband's estate in the event of his passing.

Gerald Bagazinski · Answer

If your husband does not have a will, you are entitled to all property in your name, your property in joint name, (a potential dower interest in real estate he owns solely in his name during your marriage may be available to you), any money in a  401(k)  unless you waived your spousal rights to it, and your share as spouse under Michigan law 700.2102(e) is    (1)   The intestate share of a decedent's surviving spouse is 1 of the following:  (e)   The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse.  (2)   Each dollar amount listed in subsection (1) shall be adjusted as provided in section 1210.     I do not know the 2013 inflation adjustment to the $150,000.

James Frederick · Answer

How are all of your assets titled? If everything is jointly held between the two of you, then you do not need to worry. Upon his death, everything would automatically pass to you. If the assets are titled any other way, it could (and likely would) require probate, and would be much more complicated and expensive.

Jayne Sebby · Answer

Check with an attorney licensed in the state in which you reside.  Usually, a widow is entitled to a percentage of her husband's estate plus all rights to real property held in joint tenancy.  However, the laws differ from state to state.

Victor Waid · Answer

If all of the assets are titled in joint tenancy or community property, then the property goes to you by right of survivor ship if he predeceases you.

Thomas Edward Gates · Answer

Under Washington statute, one's property can be distributed to the beneficiaries.  Because we are a community state, the distribution will be for only his half of the community property.  All of the children will share in the 1/4 of his estate.

Edwin Fee · Answer

Joint assets will pass to the joint owner, and assets with a beneficiary designation will pass to the designated beneficiary.  Assets in your husband's name alone without any beneficiary designation will pass roughly half to you as his surviving spouse and half to his surviving descendants.

Shadi Ala'i AlaiShaffer · Answer

You need to hire an attorney for yourself as soon as possible to protect yourself, your assets, and your children. You still need to have an estate plan but need legal advice on what to do regarding your spouse and assets held by him.

Frances Headley · Answer

When a person dies without a will, the property is divided according to the probate code.  All of the community property goes to the spouse and the separate property is divided in equal shares between the spouse and the children.  Step children are not included.

Vincent Liberti · Answer

Make sure all assets are either jointly held with you or in your name.

Edward Armstrong · Answer

You should ask him if you can have a lawyer come and see him - prepare a will leaving everything to you. If all the property you own (real and personal) is jointly owned you will end up owning it completely on his death. Then you can have a will prepared and leave whatever you want to relatives of your choice.

Brian Haggerty · Answer

If you can identify things as your assets, hold them in your own name, and not jointly with anyone. Without a will, you will get half of your husband's estate, and his children (the ones not also yours) will get half.

Christine James · Answer

The law is set up in California to protect community assets. If he has no will you will likely receive all community assets. Separate assets will likely be distributed between you and his children.

William H. Von Willer · Answer

The short answer woud be no. The longer answer depends on what is owned and how it is owned. What is  exclusively his, he can chose to do with what he wants. You as a surviving  spouse have certain statutory interest in his property and he has statutory interest in your property. Property in multiple names could end up in many different results depending on how the property is titled and what type of property we would be talking about. I would suggest you make a listing of the  property you own, names on the property, exactly how the names are on the property, the value of the property, and any other information about the property, names of spouses, children, grandchildren, etc and go see an attorney.

James Oberholtzer · Answer

Yes, you can transfer your assets into a Trust.  It would be best if you and your husband can agree on an estate plan for the both of you.  It will avoid much conflict later.

David Leon · Answer

I'm sorry to hear about your spouse's diagnosis. My suggestion is that your husband hire an estate planning attorney to get the following documents drafted, ASAP: 1. Will 2. Power of Attorney (durable) 3. Medical Directive 4. Medical power of attorney. These are usually available for a few hundred dollars.

Dara J. Goldsmith · Answer

In Nevada all assets acquired during marriage with community funds are community property and would pass to you if he does not have a Will. If the has separate property, property he inherited from another or assets he owned before marriage, those would pass 1/3 to you and 2/3 to his children.

Rick Lee Denker · Answer

As the surviving spouse, you have certain statutory rights in Oklahoma, such as a right to a widow's allowance, possession of the homestead and certain items of personal property. You should contact an estate planning or probate attorney in your area as soon as possible to receive advice specific to your situation.

Ben Liu · Answer

If he has no will, his estate will be settled in probate under the intestate laws. This does not apply to joint property by husband and wife. ?Your husband should make a will or a trust to avoid probate.

Jeffrey Gottlieb · Answer

Your assets in your name are yours. If he predeceases, you can leave your property however you wish.? Same for joint tenancy assets which pass to you upon his death. The bigger issue is his assets and his estate planning. He and/or you would be best served by meeting with an estate planning attorney to discuss all of the implications and planning options.

Charles Perry · Answer

There may well be steps that you can take, but it is impossible to   know without a full description of the assets and liabilities that are   your separate property, and what assets you and your husbands hold   together as community property.

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If he will not write a will, is there anything I can do to protect my assets?

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