Who gets my property if I die?

I am a married man with 2 children from my present wife and 1 from my previous wife. The children are all over 21. I wonder if my present wife gets eveything I have in case I die. If not, what should I do so she gets

everything? I live in a community property state.

Asked on May 23, 2017 under Estate Planning, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can leave everything to your present wife in your Will.
If you die intestate, which means without a Will, your surviving spouse (present wife) inherits your entire estate. If she predeceases you, your estate will be divided equally among your three children.
Another alternative is a living trust in which your wife is the beneficiary which will avoid the costs and delays of probate.
Depending on your situation , the will or living trust would be the best options.

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