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Husband doesn't want to make will!!

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cindoo2001

Guest
What is the name of your state? Alabama

My husband and I have been together for 15 years, common law for 13 and then married legally for 2 now. I have 2 children by previous marriage and he has 2 by previous.(all are over the age of 18) We built our home 15 years ago and my money helped build our home . And I am still helping to pay for it)Yet my name is not on the deed (it's still financed) He feels there is no need for a will thinking I will recieve the home if he were to die, vise versa, I am concerned that I could loose my home if something were to happen to him. Can any one help me on the laws of what would happen if there is no will? Deeply concerned. Thanks for any advise......Cindoo
 


I AM ALWAYS LIABLE

Senior Member
My response:

Your husband is foolish for not making a Will. And, you're foolish for paying on a house for which your name is not on the deed. It's very nearly the same thing as if I asked you to contribute to my car payments, with only my name on the title - - with you hoping that you'll get my car when I die. You won't.

But since you're married, and Alabama is a "separate property" State, that means, without your husband's Will, you'll only get an "equitable share" of the house, and be forced, by law, to share its ownership with HIS children. With so many owners, you can imagine the problems that will bring in the future when, as they become adults, they'll "want" their share of the house - - and perhaps, forcing you to sell it to pay them off.

If your husband really cares about you, and your financial future, he can help you avoid much of the hassle and worry by doing one of two things - -

1. Place your name on the deed with "right of survivorship", or

2. Make a Will that gives you the house upon his death (however, this can be costly for you later because you'll have to "probate" his Will to get a court to actually give you ownership rights).

IAAL
 
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cindoo2001

Guest
Thanks for your input....LIABLE I was afraid of this....But will be taking some type of action.......:( I hope.
Again thanks.....
 
H

hexeliebe

Guest
If you show your husband

IAAL's post and he still doesn't get it show him this.

My girlfriend's mother died after remarrying. To make a long story very short, she died intestate (without a will) so the step-father got half of everything (including a 1853 painting by Lambert Marshall valued at $50,000) and the two daughters had to split the remainder of the estate.

What should have been more than $3.5 Million turned out to be less than $1 million and property that was part of her estate is now owned by 16 or more people.

That was 20 years ago and you can imagine what has happened with the property, nothing.

If your husband doesn't want you in this same situation he'll at least make a will. Or he'll take IAAL's advice and put you on the deed.
 

Dandy Don

Senior Member
It also might help convince your husband to get a will made if you had your attorney or any attorney send you a letter stating exactly what would happen if he were to die without a will and advising you on what you should be doing, so he can see it in black and white.
 

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