Legal Question in Wills and Trusts in California

California Probate Code 19324(b)(5) specifically addresses your question:

"(5) If the net value of the community property assets is less than

the unsecured community debt or debts, the unsatisfied portion of

the debt or debts shall be allocated equally between the separate

property assets of the deceased settlor and the surviving spouse. If

the net value of either spouse's separate property assets is less

than that spouse's share of the unsatisfied portion of the unsecured

community debt or debts, the remaining unsatisfied portion of the

debt or debts shall be allocated to the net value of the other spouse'

s separate property assets."

You will need to determine whether the debt is community debt, incurred for the benefit of the community, i.e. health care, community expenses, etc. If so, you will be liable for a portion of the debt, if there is not enough from your wife's estate or portion of her community property to pay the debt.