people's Lawyer


Husband with no will

Question My husband does not have a will. I told him how important it is that everyone ha s a will, but he is very stubborn. What will happen if he dies? Will his assets go to the state?
Answer If you die without a will, the state effectively writes one for you. There are v ery specific laws that determine to whom your property passes after your death. The determination is based on the type of property, whether it is separate or co mmunity, and who survives you. For example, the property distribution will depen d upon whether there is a surviving spouse or children. Only in the event that t here are no living heirs would the estate go to the state. In your case, your hu sband's estate would probably go you, assuming he does not have children from a prior marriage. Having a will is the only way to precisely determine where your property will go after your death. There are reasons to have a will other than t he determination of how your estate is distributed. For example, without a will, the process of probate may be much more complicated and substantially more expe nsive. In other words, having a will is a good way to save your loved ones a lot of time and money.