Legal Question in Wills and Trusts in California

If the case settled after you death, then obviously the proceeds will go to the contingency beneficiary instead of you, if any. You can name your children as contingency beneficiary and they would automatically get the proceeds. If the case settles first, the proceeds are your separate property. However, if you die without a will, the proceeds will undergo intestate distribution and your husband will get 1/3 since you have two children. It is better to have a will or a living trust to make sure the money will go to your children.

You have children and are in a second marriage; it is reckless to NOT have a will or estate plan in place. If your priority is that the children get what you want them to take, you have to DO something about it. You should also call the attorney in the mesothelioma case to ask what steps they can help you with until you take care of the rest but this HAS to be a priority. Life happens and can change in the blink of an eye.

Mr. Shen covered the rest for you.