I'm not a lawyer, but it depends upon the state as to whether a spouse is entitled to some portion of the estate in the event the other spouse dies, right?
The Blind Side was BS
- Thread starter Cyrus12
- Start date
toffee
Well-known member
I think you are right, if there's no will, the 'surviving spouse' will get the estate. Again, if there's no will, when that 'surviving spouse' goes, the estate will be pass on the kids, in equal portion. That's my understanding.
Just for fun, are there any estate lawyers on this forum? Let's say the 'surviving spouse' finds and marries a new honey, and the new honey outlast the 'surviving spouse', will the new honey or the kids get the estate upon passing of the original 'surviving spouse'?
Donn2390
Well-known member
If you wish to save the family a basket full of legal problems and vast expenses, beg them to get a Living Trust done. A will must be probated which requires an attorney, time, and money. It can take a year or more to probate an estate, some times far more depending on the size of the estate. No one touches a cent until probate is finalized, the assets are frozen until probate is completed.
With a trust, the heirs get taken care of the day after the decedent passes, no questions asked.
UNLESS, you don't have an estate. My MIL just passed with nothing, no car no home, tiny bank account, not worth the states time to fool with for a small amount, they want the big stuff they can tax you on.
I don't know Washington laws, but in CA, without a trust you're begging for problems. It's worth investigating, it will save you a whole lot of grief. Do some research if mom and dad don't have a trust...
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