Legal Question in Wills and Trusts in California

I am re-married and have no will or trust. Does that mean my children automatically inherit 2/3 of my estate that I owned prior to marriage? My wife does not have children


Asked on 9/15/16, 7:21 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

You are correct that the intestate share of children (more than one) to separate property is 2/3. But all community property goes to your wife. And it might not always be clear which is which if you don't have a prenup. To make sure there is no dispute, it is better to make a will (and a living trust unless you own no real property and your estate will not exceed $150,000) which clearly sets out your wishes for disposition of your estate.

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Answered on 9/15/16, 11:14 pm


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