Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance. I hope that this situation gets resolved well for you.
If I understand correctly, your concern is about if your husband were to die? In that case, if he dies intestate (without a will), his property would be distributed like this under California law:
Since your husband (the decedent) obviously was married, the first question is whether the decedent owned community property, separate property, or a combination of the two. Community property is generally defined as the assets acquired during marriage from earnings or salary. Separate property is generally defined as assets brought into the marriage when the decedent got married, inheritances to the decedent, or gifts to the decedent. However, California case law provides many exceptions to these definitions, and assets can change from community to separate property, or from separate to community, by combining assets, by improving separate property with community property, or by written agreement of the spouses, for example.
However, all of the above considerations are irrelevant if the decedent had a will or living trust. If you would like some information about estate planning, please feel free to write back. If your husband does nothing in this regard, the above applies to what you would receive.
If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.
If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.
The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.
Hello again and thanks for writing back.
There are lots of factors to consider, but just off the top of my head I would expect $1,500 to start and then upwards. Here is an excellent resource with some good information about living trusts. For the great majority of people a Will is the best option. Here is a very nice resource which even contains a link to the statutory Will form (something nice under California law).
If I can do anything else please just say the word.
Take care and thanks again for using JustAnswer!
[Please click the "Accept" button.]
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).