Legal Question in Wills and Trusts in California

If he dies without a will, all community property goes to surviving spouse, but his children will be entitled to a portion of separate property (assets he owned at the time of your marriage.) 2/3 I believe.

Mr. Cusack's answer is close but not quite right. There are other forms of non-community property besides assets owned at marriage and not merged into community property. Inheritances are probably the most common. In addition, the portion that goes to the wife versus the kids is not a strict fraction. It depends on how many kids there are.

I agree with Ms. Cusack as to the community property. I think that will alleviate some of your fears when you use the term "our" property. When a person dies without a will, and no other manner of law governs the disposition of property (such as owning the property in joint tenancy, or having a trust) the laws of intestate succession come into play.

In this scheme, all of the community property goes to the surviving wife. Community property is all property that the parties acquired during the marriage. Separate property is divided as Mr. McCormick points out - in shares, depending on how many children survive the deceased parent.

If there is only one child, it changes the proportions, but she said "children."