“This is a second marriage for both myself and my husband. We have been together five years and married 2 of those years. My husband has assets over 12 million dollars and refuses to make a will, have a life insurance policy, IRA or any other legal document where I am named as beneficary. I do not work. My husband is 57 and I am 52. After months of fighting, my husband agreeded to list me on the title to our primary home which is worth 1,400,000 but he’s done a will naming both his children to get his half when he dies. As it stands right now, if my husband passes away I have nothing. What can and should i do?”

His assets are his assets, and he can will them any way he wants. Maybe you can pay the premium on an insurance policy on his life out of the butter n’ egg money.

Your harping on the issue caused him to create a will naming his children as beneficiaries. You would have done better in intestacy (as a surviving spouse), then the position you are in now.

Being on the title will create a presumption that you can receive that portion of the home (a person can only will away what they own). $700,000 is not nothing.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.