Legal Question in Wills and Trusts in California

California is a community property state, which means all money earned during the marriage is treated as though equally earned by each spouse. The only exceptions are money earned from property that was owned before the marriage [interest of bond purchased before married] or inherilted during the marriage. However, evewn privtge property can become so mixed up with community property that it is transformed into community property.

So when your step dad dies, his half of the community property will go to your mother, unless he leaves a Will dispossing of his share in a different fashion or puts his share into a Trust. You mother also keeps her half interest in the commuinity property so she ends up with the entire community assets.

It would depend on a lot more facts. Whether she signed a prenuptial or postnuptial agreement, whether there have been transmutations agreements, how title is held, what money was used to purchase it, whether community property funds have been used to pay a mortgage or improvements, etc.

Mr. Roach is right, but that is true of any question here. There could always be a lot more complications. I could make up a dozen more than he came up with, without even trying. Based on your simple question, with no other facts, she would have the estate Mr. Shers describes, but he leaves something important out. He assumes step-dad dies first. If she dies first, without a will, and without any complicated arrangements like Mr. Roach makes up, he gets everything.