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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.
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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!
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