Legal Question in Wills and Trusts in California

Re: Wills

It depends on the terms of the will. Generally, the property will transfer to the surviving spouse in its entirety and that spouse is at will to change their will at any time during their lifetime. This may be different if there are specific gifts or other restrictions in the document itself. Without a careful review of the wills, I can not provide you with a more detailed explanation.

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Re: Wills

She can change her will, but not his. If they had a living trust together, part of it may become irrevocable (I would have to review the document to determine this) but she can always amend/revoke/change beneficiaries for her 1/2 of the community estate and all of her separate property, if she is competent to do so.