Legal Question in Wills and Trusts in California

Re: inheritance

from the facts given, your husband's separate property would pass intestate (if he does not have a vaild will) according to the laws of the state, while you would get your 1/2 community property interest. if you would like further assistance, email me with more facts.

Re: inheritance

With no will, your community property (those things you own together and purchased with earnings after your marriage) would go to the surviving spouse, while any separate property (inheritances, gifts, property brought to the marriage) would go partially to the surviving spouse and partially to your children (1/2 to spouse and 1/2 to child if one child, and 1/3 to spouse and 2/3 to children if more than one child).

You are certainly not alone in your situation--many people are married to the procrastinating (and often secretive) spouse. In many cases I just prepare the estate plan of one spouse, if we realize the other spouse will never "get around to it." Of course, it's better that the spouses agree and have a complete plan, but you should at the least know your property will go where you want it to go and that you'll have made provisions if you're later disabled and need someone to take care of things for you.