Are all of a married couple's possessions shared or individual?

Question

I asked earlier if a wife had the right to give away possessions in a will when she dies, because that is what my mother-in-law is doing, regardless of what her husband says.

When she dies she has a will written out that certain item like a car and other things will not go to her husband, but to other people. I understood that when you're married all possessions become shared (especially ones acquired during the marriage), hence the reason why everything is 50/50 in a divorce.

I was thinking it would be against the law (and pretty lame) for someone to think they could have mine and my wife's property because my wife decided to give it away in a will. kinda like "hey, your wife died, and by the way, she said here that I can have your car and your tv.

So what's the deal?

Answer 1

Different states have different laws regarding probate. In some states the spouse has an automatic right to a certain percentage of the estate upon death. Any will that purports to deprive the person of that right would automatically be subject to a will contest and a court would have to figure out what to do. Any property that is clearly "hers" that the spouse has no right to under probate law, she can give away. Most major property is held in some form of "joint" ownership by spouses - this includes bank accounts, houses, cars, etc. With personal property it is less clear. The reality is that once she is dead and gone there will probably be a fight over everything anyways so she has achieved nothing by writing the will.

Answer 2

It depends on the law in the state you're in. Sometimes a trust is involved. Some people are greedy and take things to the extreme. Perhaps it was meant if they both passed together. Greed sure tears families apart during a tragic time as this. I say SPEND IT ALL while your alive... then your kids won't have anything to fight over when you're gone... hehehehee!!

Sure doesn't sound right or fair, though...

Answer 3

Well, in general, things that are larger possession would go to the spouse (in theory) unless it has been previously discussed by the couple. But I don't think that there is a law saying that it has to be done that way.
I suppose that the spouse could contest the will though; especially if they are going to be left without a car.

Answer 4

First, depends on which state you live in. Second, it depends on how the item came into the spouse's possesion. If it was clearly her's and you contributed nothing to it, then it's her's to give away.

This is really, really grey area and the reason lots of people go to court. You'd probably have to see a lawyer and even then, he may not know for sure.

Answer 5

I think Estate law varies from state to state so checking with a lawyer in your state would probably be far more appropriate. Of course the information is available on the internet as well. You can always check this website for information:
http://www.hg.org/estate.html

Answer 6

all the things that she brought into the marriage is hers and not yours.some wives think that what is her husbands is hers as well and that is wrong.things that are acquired during the marriage that is shared will have to be sold.

Answer 7

I believe it is shared.... But when one dies they need to have a will made out to where and who they want their possesions to go to!