Legal Question in Wills and Trusts in California

Re: no will

The joint tenancy property will go to the surviving joint tenants, and this can be done by filing an affidavit of death of joint tenant along with some other papers with the county recorder and assessor.

The annuity is likely yours if you were named the beneficiary.

Your children may be entitled to an inheritance if any of her assets were her own separate property and were not held in joint tenancy or did not have other beneficiaries named.

You should check with an attorney to make sure all the required transfers have been completed, and to be sure that no one other than you is entitled to any of your wife's assets.

Re: no will

The joint tenancy property, assuming you are the only surviving joint tenant, will go to you alone. There are certain papers you will need to file with the county to complete the transfer as well as comply with the assessor's requirements. The 401(k) account likely had a beneficiary designation, and that account will go to the designated beneficiary. I would need far more detail to determine whether there might be grounds for challenging the account designation.

For property not covered by joint tenancy or beneficiary designation, and assuming no will, then the property passes under the intestacy laws. All community property passes to the surviving spouse. The deceased spouse's separate property goes 1/2 to the surviving spouse, 1/2 to an only child; or 1/3 to the surviving spouse, the other 2/3 to the children (if more than one).

Of course, for various tax reasons it might be advantageous to disclaim the property and allow it to pass to the child, whether or not he is automatically entitled to it.

If you would like assistance, feel free to contact me. You probably have a lot more responsibilities of which you might be aware, and you should probably talk to a lawyer to make sure everything is square.