What if spouse dies intestate

[kzort]

What is the name of your state? CA

I just got married 3 months ago. We live in a house that my husband bought while we were dating. My name has not yet been added to the title. We still have separate checking accounts with only our own names on them. I figured that we had plenty of time to get this all taken care of, but my husband was diagnosed yesterday with cancer. He's completely freaked out. We are both devastated but at the same time I have to be realistic. With his current state of mind, I certainly don't want to pressure him to get his "finances in order".

My question is, if, heaven forbid his cancer is incurable, and he passes without a will, would his estate have to go through the standard probate process, or would everything just automatically revert to me with proof of marriage. If I can spare him the reality of immmortaility I would galdly have it go thru probate. I would just rather know the procedure now as I'm sure I don't want to have to think about it later.

In case you couldn't tell, I'm a bit of a control freak !

 

[I AM ALWAYS LIABLE]

My response:

Your situation is far, far, too complicated for a forum such as this. Your situation actually requires a face-to-face consultation with a Probate attorney.

There are just far too many variables involved.

IAAL

 

[kzort]

I am always liable, thanks for your reply....just an update.

Yesterday we went to the bank and added my name to his accounts and started the process of getting my name added to the title on the house. I know it's not the best solution to the situation but it's a start. We did get the name of an attorney in Pasadena who we'll have execute a living trust as soon as he's ready to make that step.

Again, thanks !