Legal Question in Real Estate Law in California

Re: inheritances

Your question is a little confusing, but things one acquires via inheritance are typically separate property; not community property.

Re: inheritances

I think what you're asking is: Husband and brother own property together. Wife is not on title. Does Wife inherit Husband's portion of the property if there is no will? Is that correct?

It depends on how title is held between Husband and brother. If in joint tenancy, property automatically passes to brother. If as tenants in common, Husband's portion would pass through the laws of intestacy -- a portion to wife and to kids. If his share of the property was acquired during the marriage through a purchase, wife might have equitable interest in property, as well.

Re: inheritances

As I understand your question, you are asking whether a wife "automatically" inherits all or some share of property previously held in the names of (owned by) her recently-deceased husband AND the husband's still-living brother.

First, whatever interest the still-living brother had in the property is not affected by the death, and nobody inherits it. If the brother formerly owned a half interest, he still owns that half.

Next, what happens to a deceased husband's property upon his death can be governed in (at least) three different ways: (1) his will; (2) the law of intestate succession, which takes over in the event there has been no estate planning; or (3) under some "will substitute" such as a living trust or perhaps a right of survivorship in a joint tenancy.

If there is a will, the language of the will governs, and as far as I know a husband can disinherit his wife by will, except as to her portion of community property.

If the husband died intestate, the wife would get the husband's share of any community property, plus a share of his separate property that would depends upon several factors including number of offspring.

If this wasn't your question, please re-ask it with a more detailed description of the parties being discussed and their relationships, and if you know, whether there was a will or trust.