Legal Question in Family Law in California

I am assuming that your spouse's mother was not survived by a husband (i.e, the husband predeceased her or they are divorced). In that scenario, if your spouse's mother died without a will (died intestate), then her assets would need to be probated, and each of her 4 children would split the assets in equal shares upon final distribution.

If your spouse inherits from his mother, the property inherited are deemed separate property, not community property. This means that you do not have any direct rights to the money or property, eventhough it is acquired during marriage. The only instance where you may acquire some rights is if (1) your spouse gifts it to you (such as writing you a check, putting title in you and your spouse); (2) your spouse transmutes it to community property (such as puts title as community property, or if your spouse deposits the funds into your joint bank account...giving an inference of transmutation); (3) your spouse dies without a will, in which case you would have a 1/2 interest in your spouse's separate property, with the other half interest going to your + your spouse's son; (4) your spouse dies, leaving a will or trust that leaves it to you, in whole or in part.