Trying to Get Prepared for Creating a Will

[laurie83833]

My question involves estate proceedings in the state of: Idaho

What is the name of your state (only U.S. law)? Idaho

My husband was recently diagnosed with cancer about 1-1/2 years ago. He is doing fine but trying to look into the future in case one of us passes away.

I know Idaho is a community property state plus also has the Quasi-property law.

Background:

We have no children together but we each have children (all grown) from previous marriages.

I have (1) child (my parents are no longer living)
Husband has (5) children (both his parents are living)

We own our Idaho house together (not sure how its filed we are currently paying it off on contract for deed) but we both are listed on the contract.

I also recently purchased a house in Hawaii (non community property state) the deed lists only My name, a married women.

We have one joint checking account, and also a checking account listed solely in my name.

We have a stock account listed in both our names.

3 vehicles, 2 in Idaho (one listed in my name and the other one is listed in both) (1) vehicle in Hawaii listed in both our names.

So hypothetically speaking if my husband passed away and if he DID NOT have a "will” how and which part of the assets would be split?

I question because while the majority of his children prob could care less about any of it.. he does have one Son who I think would put up a big stink. While I have no problems sharing with his children. The Hawaii house we did want to keep separate that is why it is in my name only. Could his son have a clain on the Hawaii house also if the property resides in a different state that is not a community property state? I think his Son would put up an issue on that property well basically all of the assets. These assets were going to be for our retirement since we do not have anything set aside or life Insurance etc.

I plan on creating my "Will" shortly and so this information/advice that is given will help me when I prepare my will.

I have been the major wage earner and make almost 3 times what my husbands earnings have been not that it makes a difference.

My husband also owes back child support for the state of Idaho.

Thank you,

[Mr. Knowitall]

In the absence of a will, the laws of intestate succession apply. If we're talking about an Idaho estate, Idaho laws will apply to succession even if property is located in another state - although ancillary proceedings (a relatively minor probate court action to get an order transferring title) would likely be needed to complete the transfer of real estate in the other state.

When you have real estate that you intend to keep for the rest of your life, and which is located in more than one state, the use of a living trust may be helpful in simplifying estate administration and avoiding the necessity of probate for the interstate assets.