codeyf
Lifer
Was thinking about this since I attended my Uncles services last friday (Big thanks to those who helped).
Apparently, things had started getting ugly before the services were done, specifically with his mother (my grandma) and his brother (my 2nd uncle). In talking to my Aunt, she has never seen his will, as it is from 1981, before they were even together. They had been meaning to updated a little while ago, but then they ended up moving to Kona from Washington and it pretty much went to the wayside and never got done.
So, anyway, my Aunt is up sh1t creek at the moment. She's not completely hosed, but she's got a tough road ahead of her.
The good things:
Their home (originally paid about $425k, with improvements is worth over $500k easy) is $12k shy of being paid off.
Both vehicles are paid off (His van, her truck, both < 3-4 yrs old)
She managed to put about $30k in to an account with only her name on it BEFORE he passed away.
The bad things:
Total, around $50k in credit card debt.
A hospital bill coming that is estimated between $100-150k (no medical insurance)
Upkeep costs of the house, approx $1k/month (not including mortgage)
She hasn't worked in about 13 years
His settlement payments are gone, his original insurance company from his accident was the beneficiary (ie, no income)
Really, she doesn't know what to expect from the will, she's never seen it. She knows she's going to have to sell the house, but doesn't want to for about 6 months when their daughter finishes the current school year. She knows once that is done, she'll be ok. Will most likely go back to school for Dental Hygenist (she's certified Dental Asst), will get a smaller, more manageable place etc.
So anyway, with all that background, I guess I come back to my original question. Does a spouse/child in a community property state take precedence over a will? Or is the will the end all?
Apparently, things had started getting ugly before the services were done, specifically with his mother (my grandma) and his brother (my 2nd uncle). In talking to my Aunt, she has never seen his will, as it is from 1981, before they were even together. They had been meaning to updated a little while ago, but then they ended up moving to Kona from Washington and it pretty much went to the wayside and never got done.
So, anyway, my Aunt is up sh1t creek at the moment. She's not completely hosed, but she's got a tough road ahead of her.
The good things:
Their home (originally paid about $425k, with improvements is worth over $500k easy) is $12k shy of being paid off.
Both vehicles are paid off (His van, her truck, both < 3-4 yrs old)
She managed to put about $30k in to an account with only her name on it BEFORE he passed away.
The bad things:
Total, around $50k in credit card debt.
A hospital bill coming that is estimated between $100-150k (no medical insurance)
Upkeep costs of the house, approx $1k/month (not including mortgage)
She hasn't worked in about 13 years
His settlement payments are gone, his original insurance company from his accident was the beneficiary (ie, no income)
Really, she doesn't know what to expect from the will, she's never seen it. She knows she's going to have to sell the house, but doesn't want to for about 6 months when their daughter finishes the current school year. She knows once that is done, she'll be ok. Will most likely go back to school for Dental Hygenist (she's certified Dental Asst), will get a smaller, more manageable place etc.
So anyway, with all that background, I guess I come back to my original question. Does a spouse/child in a community property state take precedence over a will? Or is the will the end all?
