Legal Question in Wills and Trusts in California

Second marriage, community property and children

I am remarrying. We both own property and my future husband owns a business. I have grown children, and will soon have young stepchildren. What do we each need to do to protect our first families in the event of death and/or divorce? I will be living in my new husband's home with he and the children. We have also discussed the possibility of my joining him in his business but should something happen to him or to our marriage I don't want to jeopardize his children's future. On the other hand, if I help to build the business and something happens to me, I would want my heirs to benefit without hurting my husband!

If something happens to my husband and I have been living in the house, should I expect to move and sell the home for his children? So many questions! Just looking for a general rule of thumb to think through before going to have a trust drawn up. Thank you!


Asked on 4/12/06, 8:21 pm

2 Answers from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Second marriage, community property and children

to fully realize your goals and objectives, you will need a premarital agreement, an asset protection strategy and an estate plan with one or more trusts. i can provide you with a fully integrated plan that addresses your situation.

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Answered on 4/13/06, 12:23 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Second marriage, community property and children

It sounds like you may need a premarital agreement to determine your rights in property should there be a divorce. With regard to property distributions in the case of you or your husband's death, a will and/or trust will be necessary. This may be somewhat of a complicated job; please feel free to call me if you would like to discuss it.

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Answered on 4/12/06, 9:00 pm


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