Legal Question in Wills and Trusts in California

Re: will wasn't update

She should see a probate attorney to determine things for certain, but some basic rules follow:

Joint tenancy property automatically goes to the surviving joint tenant(s). A will does not affect this.

If he did not make a new will after his marriage, and no prenuptial or other agreements apply, the surviving spouse can elect to take a portion of his separate property. She (surviving spouse) is also entitled to his community property as well.

If he did update his will after the marriage, he is entitled to give his daughters (or anyone else) all of his separate property, and all of his 1/2 share of the community property.

Re: will wasn't update

It really depends on the facts. If they signed a prenuptual agreement that would probably govern if it's a valid one. If there is community property assets acquired during the marriage that is treated differently unless addressed in the prenup. If no prenup, your mom is entitled to a widows election and the statute will protect her at least as to property acquired during the marriage and increases in value since the marriage. A competent estate lawyer in the county where she lives should be able to assist her.