Legal Question in Wills and Trusts in California

This question depends on whether an individual had an estate plan or not. Typically, if he/she did, his or her separate property would pass according to the estate plan. The community property (property acquired during marriage or commingled after marriage) would pass to the surviving spouse. There would need to be quite a bit more information to provide an answer to your question, but these are general guidelines. If you have any further questions, feel free to contact my office to discuss it in further detail.

In addition, a married person can give their half of the community property to whomever they want in the a will, trust or beneficiary designation. If no estate plan, than all community property goes to surviving spouse. Their separate property goes according to estate plan or beneficiary designation. If no estate plan, then the amount going to the spouse depends on how many children the decedent had.