Menifee, CA asked in Estate Planning and Probate for California

Q: I have been married for 30 years to my husband. I found a Will he rewrote about a year ago that has him giving our home

to his grown (4) KIDS, unless I can buy them out. Our home is in both our names on the title. Can he do that, if I don't agree?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You really need to go to a Family law attorney in your local area with these documents and see what is going on and what your rights are. Under California law, as a community property state, the spouse should inherit, but it might be possible under certain circumstances for a spouse to will away their portion of the community property to a third (or 4th, 5th & 6th) person. A lot depends on the way title is taken on the house.

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