Who has precedence, Will or surviving spouse

What is the name of your state? California.
The question is who is benificary.
My mothers will left me everything she had power over. She is survived by her husband. She lived with him in their house.
She owned the house I live in.
Can the husband claim part of the house I live in as surviving spouse? If I inhearit everything she has power over, do I have a right to her half of the house she lived in?
Do I have rights to her personal property, like jewlery, furniture, etc?

Thanks for your knowledge and assistance.

She can will you her separate property and her interest in her and her husband's community property. Problem is, its not easy to tell the difference. Just ask a California divorce attorney. Sometimes, separate property slowly (or quickly) becomes community property, depending on the actions of the spouses.

Also, it may turn out that some of the property you mention is held in joint tenancy.

My guess is you will need to hire an attorney to look at the title to the assets, and probably start a probate. If there are any disagreements over the character of the property, it will probably happen sooner than later. This doesn't look like it will be easy.

You do realize that anything they acquired together during the marriage is half his? The home furnishings are likely a combo of what he brought to the marriage, what she brought to the marriage, and what they acquired together. And the RE is likely co-mingled, certainly any property that was the marital home. As stated, you will need an attorney, but do understand that one can only will away what they own, and during a marriage, assets comingle and can become marital. Also, are there marital or individual debts of hers?

What does the will say about who gets the home? If probate has been started, then the question of ownership is going to be sorted out during probate. Husband is entitled to a certain portion of the estate because of the length of his marriage, no matter what the will says.

Dandy Don said:

What does the will say about who gets the home? If probate has been started, then the question of ownership is going to be sorted out during probate. Husband is entitled to a certain portion of the estate because of the length of his marriage, no matter what the will says.

Click to expand...

And even without a long marriage, the will ONLY controls disposition of mom's house if it was NOT held between her and spouse as Jt. Tenants.

Thanks for all the help.
I should be clear that the house in question (the one I live in) was my mothers before her current merrage and is not held in joint tenancy.
As for the house he lived in with her, I'm not interested in it or any thing he does not want me to have.
I was thinking that he might come after part of the house I'm living in and if I had a right to any of her half of property, (his house) etc, I could use that to stop him for tyring to grab my house.

So depending on how his house is titled would determin if I have any rights to some of it. Does that sound correct?

Thanks again for your help and suggestions. Such a great forum.

You are correct.