Legal Question in Wills and Trusts in California

it depends. are they community property or separate property?

That's a touchy issue. I think that happens in a lot of probate cases, and the court tends to only be concerned about assets disappearing from the estate that have a little monetary value. Unfortunately, the court cannot do much about things that have little monetary value but high sentimental value, like family albums and low priced family heirlooms.