Legal Question in Wills and Trusts in California

If you have not filed for divorce or a full legal separation, and he does not have a will to the contrary, you are entitled to all the community property and quasi-community property, and some of his separate property, if any. The bottom line, however, is that he needs to make a will so that he decides who gets what, instead of the law of intestate succession.

You probably have some rights, but to determine the exact nature of those rights requires meeting with a lawyer and going over the facts in much greater detail. For example, you say you have been separated for many years. Was this a legal separation? Was there a division of community property? Is there any community property? Does your husband have a will?

I agree with Mr. McCormick. If you have never filed for divorce or legal separation, you may have some property rights upon his death.

You need to consult with an attorney knowledge in Family Law and Probate to determine the extent of your rights. At minimum you are entitled to your one-half of all community property, including retirement benefits earned during the marriage and life insurance if the premiums were paid during the marriage.