Legal Question in Wills and Trusts in California

First of all, you are battling cancer, and you don't have an estate plan of your own? Bad spouse. The order of succession is as of the date of death, so as of today whatever your mother left for you belongs to you, and if you were to kick the bucket tomorrow, to your legal heirs.

Q1: You should set up a trust and assign your inheritance interest from your mother's estate to the trust.

Q2: No, your interest is already vested because you survived your mom. If you didn't survive your mom, your children would inherit your share. Since your interest is vested, if you should pass away, your interest would pass according to your beneficiaries in your living trust or will or to your "heirs at law" if you don't have an estate plan.

Your inheritance is separate property. If you die without a Will (or trust) as a CA resident, you separate property goes 1/3 to your spouse and 2/3 in equal shares to your kids (unless you have only one child, in which case 50% to spouse and 50% to child.)

I agree with Ms. Cusack. To answer your first question, money and property that you inherited would be your separate property.

To answer your second question, absent a will or trust, property passes by what are known as the rules of intestate succession, as outlined by Ms. Cusack. If you want to change that, you should consult an estate planning attorney and have a will or other instrument direct the property to where you want it to go.

Yes, you need to get a lawyer to advise you and draft documents to address your legitimate concern. As an Irvine estate planning attorney, I do exactly that. Find someone soon, best of luck.

Check out my website - www.CaliforniaLegalSolutions.com