Legal Question in Wills and Trusts in California

The new spouse. Heart-br-eak if you're her (or his) stepchild. To avoid this outcome (assuming you are one of the stepchildren) persuade your parent to make a will or, preferably, transfer some assets to you and your siblings while alive. Otherwise, it's a lifetime of "do you want fries with that?"

Actually, if there is no Will, then it depends on if the assets are community property or separate property. Community property is anything that was acquired during the marriage or that was transmuted from separate property to community property. The surviving spouse receives all community property, all assets on which he or she is named as beneficiary, and all property held in joint tenancy. Separate property is all property held before marriage and acquired during marriage by gift or inheritance as long as it has not been transmuted to community property. Separate property is split between the surviving spouse and the children of the decedent. The split depends on the number of children.

If the assets are substantial, then a trust should be considered in order to avoid probate and possible estate taxes.

I diagree with Mr. Stone and agree with Ms. Rouse. If there is no will, the estate is distributed under the laws of intestate succession as she outlined.

I thinlk Mr. stone was assuming it was a stepchild asking the question, in which case he is correct. in any event, if the childrens parent has passed and there is no will bothnthe laws of community/separate property/beneficiary and the laws of intestate succession apply. as has been said a trust is in order here!