Rose Law Firm of Napa Valley, Inc.

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...

Q: My husband and I have 2 adult children (a son and a daughter) and we own 2 properties (our home and a rental); should we just leave one of the properties to our son and the other one to our daughter?

A: You can, but be aware that setting up your trust this way could lead to some seriously unintended negative consequences! For example, if you ever sell one of the properties and then you either forgot to (or were unable to) update your trust thereafter, you will...