Legal Question in Wills and Trusts in California
What are the legal rights of a widow whose husband didn't have a will?
Asked on 12/17/11, 11:13 am
3 Answers from Attorneys
Michele Cusack
Pollak & Cusack
All community property and joint tenancy property goes to the surviving spouse. Separate property is divided between you and the deceased spouse's children.
Answered on 12/17/11, 11:31 am
George Shers
Law Offices of Georges H. Shers
Joint tenancy property goes to the surviving joint tenant, which may or may not be you. It is possible to change the nature of joint tenancy property so that at least part becomes community property. You can get more information by reading a Nolo Press book on Estates and Trusts.
Answered on 12/17/11, 12:03 pm
Michele Cusack
Pollak & Cusack
Thanks for clarifying, George! I should have said "property held in joint tenancy by the spouses."
Answered on 12/17/11, 6:43 pm