Legal Question in Real Estate Law in California

i bought a house on my own 20 years ago. Two years I got married. If something happens to me will my wife automatically receive the house or do I need to take measures to make sure she gets it. I have no children only a sister


Asked on 2/08/15, 7:02 pm

1 Answer from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

The deed will describe you as a single man, not as a "married man." Theoretically you could have problems since your separate property from before the marriage doesn't necessarily transmute into community property. The proper action for you to take is to have a trust document drawn up properly putting your affairs in order inclusive of how the house (and all other substantial assets) are to be disposed of in the event of your death. I'd be happy to provide you this service and since you actually have substantial assets, you should do this via an attorney rather than via "canned trust" with a paralegal (which would be fine other than the fact you have real estate which necessitates a higher standard of care and justifies the extra expense of around $500-$1000. Contact me for a consultation if you are ready to correct the matter.

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Answered on 2/10/15, 12:39 am


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