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Will/Children from prior marriage/husband no children

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lindapebo

Guest
What is the name of your state? California

My husband and I need to do a will but I have adult children from a prior marriage but he doesn't have any. Do we need to do seperate wills?

I was looking at the samples of Wills online and it seems our best best would be for me to do one for Married, With Adult Children From A Prior Marriage and for him to do one Married, With No Children.

Thanks in advance for your help.

Linda
 


ALawyer

Senior Member
Separate wills almost ALWAYS make sense, regardless, unless a living trust is appropriate

Your main issue is not the form of wills, but the community property aspects of your lives. What is your separare property vs. community? You can leave all your separate property to who you want in a will , but only half the community. Have you comminglred any separate so it is not community? Do you have a pre- or post nuptual agreement with your spouse reserving rights and dividing assets? If the assets are substanatial, or the situation complex, or either of you in poor health, see a lawyer.
 
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lindapebo

Guest
Thanks for the reply. I just want to try and protect my children. I just had a bad experience when my step-dad died in May. My mom passed away 4 years ago and he changed everything in the will after she passed away, leaving everything to his step-grand daughter and 1/3 to me and nothing to his other 4 kids. This was not my mom's wishes.

We will probably need an attorney so he can explain the different options. We were going to try and do it ourselves, but I don't think it will work.

Thanks again.
 

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