Been married to my spouse for years and we own a home. I own property in my name and my spouse has property in their name. I don't have a will yet. Spouse has a will that was made before we got married that if he ever got married or had children, the only one that would get anything was his sibling. If something happened, will I have to fight the sibling in court for our home?
2006-11-12 13:18:52 · 6 answers · asked by troubled 2 in Politics & Government ➔ Law & Ethics
There are no children between us. Spouse hasn't got children. The home was purchased by us. I have children.
2006-11-12 13:30:30 · update #1
I believe sibling had the will made up and had him sign it. At least that's what I've been told. Said sibling wouldn't follow it, but cousin said sibling would.
2006-11-12 13:35:39 · update #2
IF YOU BOUGHT HOUSE AFTER MARRIAGE IT GOES TO YOU..
BUT DON'T WAIT--TELL HIM TO UPDATE THAT WILL NOW...
LAWS IN ONE STATE DON'T ALWAYS BIND IN ANOTHER STATE...
PEOPLE WHO MARRY-NEED TO AT THAT POINT GET WILLS AND SUCH IN ORDER.
IF HE DOES NOT AGREE THEN YOU HIRE AN ATTORNEY TO
GET HOUSE AND ANYTHING ELSE LISTED SEPARATE FROM HIS PREVIOUS WILL AS ADD ON.....CODICIL.
2006-11-12 13:24:52 · answer #1 · answered by cork 7 · 1⤊ 0⤋
Yes, the will is legal, but you won't have to fight your sibling in court if you are their legal guardian.
I don't understand which sibling had the will drawn up. If this was your brother's sibling then the will is valid (your husband signed it), but you will be the guardian of the child unless your husband divorces you and has another child. If the sibling you mention is a child of your husband from another relationship then the will is valid (your husband signed it), and unless you are the guardian of that child you will lose all of your husband's estate. If you are talking about your own sibling then the will is valid (your husband signed it), but you will have control over the estate until your sibling reaches the age of 18.
As long as you are the guardian of your husband's son or daughter then you control all the assets until they reach age 18. However, once the child reaches age 18 then THEY will own the property left to them in your husband's will. There will be no fight; you will have simply lost control of the estate.
Since community property won't come into the situation then anything in your name should not be affected. However, anything earned with money or value generated by your husband's estate will belong to his child, and anything that was earned with both of your value or money would then be in doubt; with a strong temptation for the judge to divide it 50/50.
My first suggestion is to contact a lawyer; I will list some free contact links below.
Then have your husband make a new will along with a will for you that makes the surviving spouse controller of the total estate. If he wants things like his collection to be given to his son or daughter then that should be made clear in the will (the same for you). But, it is best to leave most of the property under control of one of the adults so they can care for the child or children.
If you are going thorough a divorce or marital problems then this is going to be more difficult, but you should try and iron it out now, before there are any problems.
IF a will is filed then it will be enforced. It is a legal document that will come to light during probate (settling your husband's estate). What a person does or doesn't say about enforcing the will is pointless, if the will is valid then that is how things are going to conducted. It sounds like they are just trying to reassure you, when they have the intention of going ahead anyway. You can't afford to take a person's word when a legal document says otherwise.
You don't need a lawyer to draw up a will, but having one can help. If you keep the will simple like, "I name my spouse the executor of my estate." Then it has a much better chance of going uncontested. Let the verbal agreements between husband and wife settle anything else.
2006-11-12 21:37:34 · answer #2 · answered by Dan S 7 · 1⤊ 0⤋
It is legal if your spouse hasn't changed it. The most current will is the one accepted by the court. You might accept that your spouse has that separate land as a form of prenupt that will never get in your hands. Your spouse might also consider that land as partially belonging to a sibling if there are special circumstances to the ownership.
2006-11-12 21:24:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You might, even with a will.
A lot depends on how old the kids are. You a second wife, not good.
Best thing to do is make a living trust that is revokable.
Talk with an attorney.
Why do you want more than your own house though? What was done previous was with the previous wife and children, hence they have a claim.
2006-11-12 21:24:25 · answer #4 · answered by Anonymous · 0⤊ 1⤋
What was he thinking making a will saying that his wife and children would get nothing if something happened to him??? You need to get yourselves to a lawyer ASAP and get a new will drawn up.
As for your home, is the home only in his name, or is it in both your names? Either way, get thee to a lawyer.
2006-11-12 21:23:31 · answer #5 · answered by Jess H 7 · 1⤊ 0⤋
change the will. sounds like they're getting ready to off you?
2006-11-12 23:35:31 · answer #6 · answered by nellie 3 · 1⤊ 0⤋