Legal Question in Wills and Trusts in California

If no will, surviving spouse gets all community property and a portion of separate property (different depending on whether deceased spouse had one or more children.)

If there was no will and no trust then property will pass via "intestate succession". The property that passes to the surviving spouse will depend on the nature, i.e., community property, separate, etc., and the other relatives, if any, such as children, parents, siblings, etc.

Additionally, depending on the amount and type of property a probate (court) may be required.

I suggest you contact an attorney to discuss the specifics so as to determine to what you are entitled.

Let me know if you would like to discuss this.

Caleb

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