Legal Question in Wills and Trusts in California

If your wife dies without a trust or will, and you have no children, it all goes to you. If you have children, your community property half is yours, and then her community property half and any separate property she may have is divided between you and the children based on how many children. None would go to her brother. If she wants her brother to get anything, she must make a will or a trust. A trust is almost always better for tax purposes, but not always. You need a lawyer to advise you on which would be best for her specific needs.

It depends on how assets are titled. If in the name of both spouses as joint tenants (or as community property with right of survivorship), then to the surviving spouse. If as tenants in common or in her name alone and there is no Will or trust, then all community property to the surviving spouse and separate property divided between the surviving spouse and the children, if any. With a Will or living trust, your wife can leave her separate property and her 1/2 interest in community property to whomever she wishes, and can specify whether it would go to you for life and then to another beneficiary, or directly to another beneficiary.