Legal Question in Wills and Trusts in California

It is quite possible that these new assets are at least partly community property, if not entirely community property. The answer will depend on why your wife received those assets. If they were simply part of her compensation for work done after the date of her marriage to you, then you will have a community property interest in them.

You will need to speak to a probate and estates lawyer as to the exact nature of your interest in those assets, and how to go about claiming your interest in them. If you have a good relationship with your stepdaughter, it may be possible to work this out rather easily.

Mr. Perry misses a huge issue that you should be aware of.

Under California law-and I'm assuming that your question involves California law - you may be what is known as a pretermitted heir. California's pretermitted heir statutes protect a spouse from being unintentionally omitted from the deceased spouse's will. (See Probate Code sections 6560 and 6561.)

Those sections provide that if a person marries after making a will and the new spouse survives the will maker but is not provided for in the will, the surviving spouse may take, in addition to his share of community property and quasi-community property, his intestate share of the estate.

There are some exceptions to this general rule, so I suggest speaking to a knowledgeable probate attorney, and have the relevant documents in hand for review.

Mr. Roach is quite right. If I can be of assistance, I have conference facilities in San Jose, and Cupertino, and have practiced in Santa Clara County regularly for 25 years.