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My husband and I married late in life. Both of our names are on all property and bank accounts, but he doesn't want to do a will.


Should something happen to him, am I going to end up in probate and have to leave my home?

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Grandma1954 July 28, 2023 3:49 pm
A Will is jut the tip of the iceberg.
He (and you) should have documents appointing POA for health, for financial affairs. (He should not be your POA)
You both should have advance directives for your health care.
If you discuss this with him would he be more willing to see an attorney for these matters? If so placing as much as you can in a Trust may avoid Probate.
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No will means probate. Your husband is lame for not wanting to create a will. It's not that difficult but maybe he doesn't want to because you would not like how he divided up his assets. There is no benefit for old people getting married. Especially with other kids involved on both sides. It just creates issues as you are now realizing.
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Grandma1954 Jul 2023
Grandma1954 July 28,2023 3:58 PM
I would not call her husband "lame" it is difficult to reason with a person that has dementia.
My Husband never wanted to discuss things like that either.
And depending on how impaired MissBetsy's husband is it is possible that an attorney may decide that he is not cognizant enough to participate in the making of a Will.
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How about going to see a lawyer and finding out what you state's laws are for folks who die intestate (without a will).

What reason does he have for not wanting to create a will or trust?

Is he afraid of alienating his children?

Does he think that you have enough retirement assets to get by on your own?
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There certainly is benefit to elderly people getting married! Some of those benefits are pension from the spouse, dower rights in their estate, and a possible bump upward in social security benefits upon spouse’s death if married ten years or more.
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Just an opinion. Your name being on anything means u get 50%. Unless there is a Will saying "whats mine is yours" If no Will then his children are entitled to his 50%. U need a lawyer.
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