Q: I recently married, and I own a house and an investment account as my separate property. Will these assets pass automatically to my spouse after my death?

A: Not necessarily! Your spouse may only receive one-half or one-third of your estate when you die if you do not have a will or trust in place that specifies how the assets of your estate will be distributed. Under California law, the proportion of your separate property that your spouse will inherit from you depends on who else survives you. If you want to ensure that your spouse receives all of your separate property assets after your death, you will need to create an estate plan to formalize your wishes.