If something were to happen to my husband, what would happen to his property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If something were to happen to my husband, what would happen to his property?
I am my husband’s second wife. He had 2 children in a previous marriage. He bought his house before we were married, so my name is not on it but there is still a mortgage.
Asked on August 27, 2014 under Estate Planning, Pennsylvania
Answers:
Anne Brady / Law Office of Anne Brady
Answered 9 years ago | Contributor
I am assuming you husband has no will. If your state is a community property state, as Arizona is, then you will automatically own half of any thing or any money acquired during the marriage. After that, most states have a formula for dividing up an estate (your husband's separate property and his share of the community property) between a current wife and children from a previous relationship. Of course, the best thing would be for your husband to have a will drawn up so he can leave his property to the people he wants to receive it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.