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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36960
Experience:  30 years in civil, probate, real estate, elder law
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I LIVE IN CALIFORNIA. MY HUSBAND AND I HAVE BEEN MARRIED

Customer Question

I LIVE IN CALIFORNIA. MY HUSBAND AND I HAVE BEEN MARRIED FOR TWO YEARS.
HE GAVE ME $200K TO PAY DOWN MY MORTGAGE IN JANUARY 2014. IN OUR POST NUP, I AGREED TO GIVE HIM MY $250K INSURANCE POLICY WHEN I DIE. I ALSO SPLIT THE HOUSE, NOW WORTH $1.8M BETWEEN MY 2 CHILDREN AND HIS 4 CHILDREN. I SAID HE COULD STAY IN THE HOME AND PAY THE MORTGAGE AND UTILITIES UNTIL HE DIED.
ON MONDAY MORNING MY HUSBAND SAID HE WAS MOVING OUT BY JULY, 2016.
ON MONDAY AFTERNOON, I LEARNED THAT I HAVE A TERMINAL ILLNESS AND HAVE SIX MONTHS.
WE HAD BEEN PLANNING SINCE BEFORE CHRISTMAS, TO REVOKE THE POST-NUP. I SAID I DIDN'T WANT TO LEAVE ANY THING TO MY HUSBAND'S KIDS. HE AGREED.
LAST NIGHT, HE SAID HE WAS NOT GOING TO SIGN THE POST NUP REVOCATION AND HE DESERVED HALF OF THE $1.8M ESTATE. HE BECAME EXTREMELY UGLY. A SIDE I HAD NEVER SEEN BEFORE!
WHAT HAPPENS IF HE REFUSES TO REVOKE THE POST NUP. DOES THAT MEAN I CAN NOT WRITE A NEW WILL LEAVING THE HOUSE TO MY DAUGHTER? IN THE POST NUP, IT STATES MY HOME IS MY SEPARATE ASSET. HE IS NOT, HE IS NOT ON THE DEED OF TRUST.
WHAT CAN I DO, STEP-BY-STEP?
Submitted: 11 months ago.
Category: Legal
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you tonight.

First let me tell you how sorry I am that you are having to deal with all of this.I am sure it can be overwhelming to you.

The post nup if unrevoked would control what assets are yours and what are his.

Here your will can leave those assets to your loved ones, your children.You can rewite your will here, just know that the post nup likely controls what assets are yours and you can only will away what you own.Here if you agreed to split it between your kids and his kids then this is what will occur.

Your will would devise what you own under the existing agreement to who you choose, this would be your children.You would want to make sure your will is updated here.

I am not set up for phone calls but would be happy to do unlimited online chat and follow up.I will send you the offer and we can continue until you are done.

Thanks again and I truly appreciate the chance to help you .

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