Legal Question in Wills and Trusts in California

I would need more facts to give you the precise answer. For example, did her husband's marriage occur after the execution of this will? Probate Code sections 6560 and 6561 provide thta if a person marries after making a will, and the spouse survives the testator (the person making the will) and the will does not provide for the spouse, the surviving spouse takes an intestate share in addition to the community and quasi-community property. There are exceptions to this also, and this would not apply if the testatory (husband) intented not to provie for your mother, and this was in the will.

If the property is community property, the husband can only give away half of that property. The surviving spouse would own the other half. Community property does not require that property be titled in the name of both spouses. As long as community funds were used to purchase or pay the mortgage on a real property, there would be grounds to argue that it is community property. Even if the initial title was held by just one spouse before marriage, if community income was used to pay the mortgage, the property would gradually change into community property through commingling, and there is a formula to calculate the amount.