Legal Question in Real Estate Law in California

Re: a married man as his sole and seperate property

If your husband dies without a will, then you receive all of the community property. The separate property will be split between you and the child(ren), though I do not remember the exact percentages.

There are many ways to changes this, including establishing a living trust. I no longer do estate planning, but I know an attorney in your city that has been practicing this type of law for about 20 years. Contact my office and I will give you his name and number.

Re: a married man as his sole and seperate property

your husband is partially correct in his analysis of how property is distributed to the surviving spouse. if there is not a will in existence that specifically devises the property when its time, then the State's intestate succession laws would dictate how it is done. With the latter here, your husband's community property interest would automatically become your separate property. however, ALL of his SEPARATE property would be divided accordingly: 1/2 to you, and 1/2 going to his "next of kin". Thus, under the CURRENT, basic factual circumstances you presented, you would end up sharing 1/2 of the home's interest with his daughter at issue. So, with this in mind, and in order for you both to effectuate the mutual intent that YOU receive all property in the event something happens to your husband, you should IMMEDIATELY (because you never know...)have a trust or will drafted strictly according to California legal guidelines and/or strategically reconvey the property at issue to properly reflect the mutual intent in how title should in fact be held (in joint tenancy with right to survivorship). If you would like further, prompt assistance in these matters, contact us today.

Re: a married man as his sole and seperate property

Your husband is inaccurate, and you will not automatically get the house, and if he has no will, it will need to be probated. All that needs to be done to change this, is for him to make a new deed whereby he deeds the house to you and himself jointly, as either joint tenants, or as "community property with right of survivorship". This is fairly simple, but the deed must be signed by him in front of a notary, and then filed in the County Recorder's office in the county in which the property is located. If he does not wish to do this, then it is possible that he does not wish that you receive the property at the time of his death.

Re: a married man as his sole and seperate property

Certainly some estate planning is in order. Why have the estate go to probate? Call me for a free consultation 16192223504.