Legal Question in Wills and Trusts in California

Your brother's assets fall into two general categories [there is a third but it probably is not involved]. Any items purchased with money earned by either spouse during the marriage is community property, which is half owned by each. Upon his death, his current wife receives his half of the community property and she already owns her half so she ends up wilth all the community property. Any money or assest he brought into the marriage is his separate property unless it was comingled with the community property so as to convert it to community property. Separate property would pass 1/3 to each the wife, and each of the two sons. A former wife would have no claims on any property in his estate; the divorce decree would have divided up the property among the two of them and anything left over would not be community property any more.

If an ex wife is causing any problems an attorney can be hired to explain to the current wilfe and children what they are entitled to and if probate is required and wrilte a letter to the ex-wife telling her to go away. The process might take about 2-3 hours and would be charged at an hourly rate; most estate attorney would charge about $300-350 per hour, some like me charge less.