MY husband insists he does not need a will because we llve in a community property state. Is this true?

Question

MY husband insists he does not need a will because we llve in a community property state. Is this true?

Answer

California is a community property state.

But that is not dispositive of whether someone needs a will. An estate planning attorney usually wants to know how much, and what kinds of property a person has. Many estate planners advise people to set up a trust, to avoid probate. Without a trust, an estate will still have to go through probate, and distribution is governed by the rules of intestate succession.

An estate planning attorney will often advise the party to have a pour over will, which will distribute property that is later acquired by not funded into the trust. A will is also a good idea with personal property items that the person wants specific directive over, such as heirlooms like grandpa's gold railroad watch, or mother's wedding ring, etc. Otherwise these end up in contentious "divvy" sessions in probate contests.

There are other issues too, such as taxes. I strongly suggest that you and your husband at least speak to an estate planning attorney, if only for a consultation, as doing it yourself can end up being far more costly for your family in the long run.