omiting husband from will

[ggeorge]

What is the name of your state (only U.S. law)? nevada. I live in nevada my husband lives in california. I want to make a will and leave my home and car, all in my name only to my son. Will my husband be able to contest this?

 

[anteater]

Are those assets community property or separate property?

 

[ggeorge]

will

Not sure what community property is but I own the house in my name in nevada. The car is also only in my name. does that answer you question? Thank you

 

[tranquility]

Not sure what community property is but I own the house in my name in nevada. The car is also only in my name. does that answer you question?

No, it does not.

Make your will however you want. If you want to actually LEAVE something to your son, you should see someone who will explain community property to you. A lawyer might be useful.

 

[curb1]

ggeorge,

Are you considering divorce?

 

[nextwife]

Did any marital funds pay for this house or car? Is there a loan on either and who is on the loan?

 

[tranquility]

"Marital funds" are not relevant to this question absent a lot more facts. (This seems a community property question.) The question revolves around ownership. One cannot give more than one has. That's why the divorce question isn't really that important either.

Realistically, the OP is going to have to educate herself on community property law or give ALL the facts on how she came to ownership of the car and home.

 

[anteater]

Or the OP can try to slog her way through:

NRS: CHAPTER 123 - RIGHTS OF HUSBAND AND WIFE

Some highlights are:

NRS 123.130 Separate property of wife; separate property of husband.
1. All property of the wife owned by her before marriage, and that acquired by her afterwards by gift, bequest, devise, descent or by an award for personal injury damages, with the rents, issues and profits thereof, is her separate property.
2. All property of the husband owned by him before marriage, and that acquired by him afterwards by gift, bequest, devise, descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his separate property.

NRS 123.220 Community property defined. All property, other than that stated in NRS 123.130, acquired after marriage by either husband or wife, or both, is community property unless otherwise provided by:
1. An agreement in writing between the spouses.
2. A decree of separate maintenance issued by a court of competent jurisdiction.
3. NRS 123.190.
4. A decree issued or agreement in writing entered pursuant to NRS 123.259.
[2:119:1873; B § 152; BH § 500; C § 511; RL § 2156; NCL § 3356]—(NRS A 1975, 560; 1987, 1016; 1989, 380; 2009, 1636)

NRS 123.225 Interests of husband and wife in community property are present, existing and equal interests.
1. The respective interests of the husband and wife in community property during continuance of the marriage relation are present, existing and equal interests, subject to the provisions of NRS 123.230.
2. The provisions of this section apply to all community property, whether the community property was acquired before, on or after March 26, 1959.
(Added to NRS by 1959, 408; A 1997, 1596)

NRS 123.250 Ownership of survivor upon death of spouse; disposal by will of decedent.
1. Except as otherwise provided in subsection 2, upon the death of either husband or wife:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
(b) The remaining interest:
(1) Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse; and
(2) Is the only portion subject to administration under the provisions of title 12 of NRS.
2. The provisions of this section:
(a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS.
(b) Do not apply to community property with right of survivorship.
(c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.
3. As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.

 

[MillionaireLost]

Could she establish an inexpensive trust and put everything in that?
Then establish the sole beneficiary as her son?
http://www.leg.state.nv.us/nrs/nrs-163.html

 

[anteater]

The question is not which testamentary method the OP chooses.

The question is what property she can dispose of under whatever method.

She can only dispose of what she owns. And the community vs. separate property question needs to be answered.