Question about Community Property and inheritance.

[Messerschmitts]

My mother and father are legally married in CA but hate each other. (They live in Chino, CA) My mother makes all the money and my father is unemployed and has no income. My mother recently bought a house in her name only on the deed. She wants to know, if she makes a will to leave the house to her children only, and NOT her husband, what will happen if she dies first? Will my father (her husband) still get half the house due to community property laws? They cannot get divorced because my father has already threatened fight for half of her money if she files for divorce (they have a joint bank account) but if she stays married he will not do anything. Thank you.

 

[Zigner]

My mother and father are legally married in CA but hate each other. (They live in Chino, CA) My mother makes all the money and my father is unemployed and has no income. My mother recently bought a house in her name only on the deed. She wants to know, if she makes a will to leave the house to her children only, and NOT her husband, what will happen if she dies first? Will my father (her husband) still get half the house due to community property laws? They cannot get divorced because my father has already threatened fight for half of her money if she files for divorce (they have a joint bank account) but if she stays married he will not do anything. Thank you.

I am truly sorry that you are being placed in the middle of this matter that should stay solely between your parents. If your mother has questions, please have her log on with her own account to ask them. Thank you.

 

[Just Blue]

My mother and father are legally married in CA but hate each other. (They live in Chino, CA) My mother makes all the money and my father is unemployed and has no income. My mother recently bought a house in her name only on the deed. She wants to know, if she makes a will to leave the house to her children only, and NOT her husband, what will happen if she dies first? Will my father (her husband) still get half the house due to community property laws? They cannot get divorced because my father has already threatened fight for half of her money if she files for divorce (they have a joint bank account) but if she stays married he will not do anything. Thank you.

I suggest your mother talk with an attorney.

 

[Zigner]

I suggest your mother talk with an attorney.

Yes - a great idea.

 

[Just Blue]

Yes - a great idea.

Now and again I have one...