Trying to get prepared for creating a will.

[laurie83833]

What is the name of your state (only U.S. law)? Idaho

My husband was recently diagnosed with cancer about 1-1/2 years ago. He is doing fine but trying to look into the future in case one of us passes away.

I know Idaho is a community property state plus also has the Quasi-property law.

Background:

We have no children together but we each have children (all grown) from previous marriages.

I have (1) child (my parents are no longer living)
Husband has (5) children (both his parents are living)

We own our Idaho house together (not sure how its filed we are currently paying it off on contract for deed) but we both are listed on the contract.

I also recently purchased a house in Hawaii (non community property state) the deed lists only My name, a married women.

We have one joint checking account, and also a checking account listed solely in my name.

We have a stock account listed in both our names.

3 vehicles, 2 in Idaho (one listed in my name and the other one is listed in both) (1) vehicle in Hawaii listed in both our names.

So hypothetically speaking if my husband passed away and if he DID NOT have a "will” how and which part of the assets would be split?

I question because while the majority of his children prob could care less about any of it.. he does have one Son who I think would put up a big stink. While I have no problems sharing with his children. The Hawaii house we did want to keep separate that is why it is in my name only. Could his son have a clain on the Hawaii house also if the property resides in a different state that is not a community property state? I think his Son would put up an issue on that property well basically all of the assets. These assets were going to be for our retirement since we do not have anything set aside or life Insurance etc.

I plan on creating my "Will" shortly and so this information/advice that is given will help me when I prepare my will.

I have been the major wage earner and make almost 3 times what my husbands earnings have been not that it makes a difference.

My husband also owes back child support for the state of Idaho.

Thank you,

 

[anteater]

I plan on creating my "Will" shortly and so this information/advice that is given will help me when I prepare my will.

The quotation marks around Will are a bit puzzling. And the part about "...when I prepare my will" is somewhat concerning. I really think that your and your husband have a complex situation and you both would benefit from consulting with an estate planning attorney to decide what the best way to accomplish your goals is.

As to intestate succession, the Idaho statutes state:

15-2-102.Share of the spouse. The intestate share of the surviving spouse is as follows:
(a) As to separate property:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, one-half (1/2) of the intestate estate;
(3) If there are surviving issue of the deceased spouse, one-half (1/2) of the intestate estate.

(b) As to community property:
(1) The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse.

If you want to make a deeper dive, Idaho's probate code is here:
http://www.legislature.idaho.gov/idstat/Title15/T15CH2.htm

I don't reflexively advocate creating a living trust. But you might want to consider creating one for the non-Idaho property in order to avoid probate proceedings in two states.

 

[laurie83833]

I understand Idaho law

I understand Idaho's law.. since its a community property state.

The community property in Idaho I would automatically receive 50% and his siblings would receive and split the other 50%. Unless his 50% the state would assign to me if he did not have a will in place.

Its the Hawaii house that I am really questioning about. Since its only deeded in my name - and located in Hawaii then would not that peice of property have to go by the Hawaii laws or would Idaho take presidence over it? I don't think how they could but just checking.

I am inquiring as when I do my will then I would assign my half of the Idaho house to my child and grand Children and this way my 50% on the Idaho house I have already decided which one of my Heris will recieve what portion, if I was the one to pass away first. I could care less about the other 50% it can go to his children and righfully so.

But the Hawaii house - that is where my concern is - how would that one be handeled? I read on the internet that it would have to go according to Hawaii Probate laws and since my husbands name is not on the Deed then there would not be an issue it would be 100% invested to me already and could not be included in the Idaho probate as far as community property since it is not located in Idaho.

Just questioning as then if that is the case when I do up my will I can assign what portions of that property to my husband and which part to my child and Grandchildren.

thank you,