Legal Question in Wills and Trusts in California

Re: death of spouse/rights of his children

I assume you mean community property or joint tenancy, joint custody does not really mean anything with regards to assets. When you ask can your stepchildren sue you for assets, it depends on a number of factors. If you have enough assets that you are concerned over this, you should definitely have a will, and most likely a trust. You and your husband should contact an estate planning attorney.

Re: death of spouse/rights of his children

Possibly, but more than likely not, at least not for everything. Under CA Law, the assets you acquired as a married couple are covered under community property laws. Property acquired by him prior to your marriage will also be effected by payments made to/for the property during the course of the marriage.

Best bet - take a look at our firm's website, No-Probate.com and learn a little bit more about Wills, Trusts and the Probate process. When you are ready, please contact our office to set up a free consultation for preparation of a family trust. A family trust is the most assured way of making sure your's and your husband's wishes are followed after passing. A will can determine the direction of property, but only a trust avoids probate.

Scott